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sr-100300-8b. _ '~~J~• ~ u' wVW ~='CD SF:JMT:>~S:SDLF:\PPD\SHARE\EIRTEMPS\SMCGarags~' ~rtCCrevised.doc~~~J'r ~~~~ancil ti1tg: September 19, 2000 ~~~ TO: Mayor and City Council FROM: City Staff SUBJECT: Ordinance for Introduction and First Reading Approving Amendment Number Two and Restatement of the Development Agreement Between the City of Santa Monica and Santa Monica Community College; a Resolution Certifying the Final Environmental Impact Report 98-EIR004, a Resolution Approving Adoption of a Statement of Overriding Considerations and Adoption of Mitigation Monitoring Plan. Applicant :Santa Monica Community College INTRODUCTION Proposed is a Development Agreement Amendment to permit the construction of Parking Structure B Replacement, which replaces the parking structure required to be demolished as a result of 1994 Northridge Earthquake damage. In order to approve the Development Agreement Amendment and related CEQA analysis, the following Ci#y Council actions are. required: Approve the resolution Certifying the Final Environmental Impact Report evaluating the environmental impacts of the project proposed ih the Development Agreement Amendment between the City and Santa Monica College Authorizing the Development of Parking Structure B Replacement. Approve the Resolution making the CEQA Findings necessary to approve the Amendment to the Development Agreement concerning .Parking Structure B Replacement, and adopting a Statement of Overriding Considerations and Mitigation Monitoring Plan. 3. Introduce for First Reading an ordinance adopting the proposed Second Amendment to and Restatement of the Development Agreement between the City and Santa Monica College. BACI<cROUND Previous Actions The Northridge Earthquake destroyed Parking Structure B, a 374 space parking structure located along 16`h Street south of Pico Boulevard, and rendered unusable other structures on the campus. Following the earthquake, the College initiated a master planning process to guide the physical reconfiguration of the main campus to best meet the College's educational mission. The process culminated in action by the Santa Monica College Board of Trustees to support the inclusion of a new Municipal Pool Facility on the College campus. The master planning effort identified several potential sites for the pool that would meet the College goal to create a unified and efficient campus layout and also meet the City's desire for an expanded aquatics facility that is physically accessible to the public. It was determined that the relocation of the pool to the 16'" Street site was beneficial to the College and the public, allowing for both a better pool facility and for a new parking structure to be built on the interior of the campus, away from the adjacent residential neighborhood that had been negatively impacted by Parking Structure B before it was demolished. Since a 1989 Development Agreement between the City and the College governed the 16"' Street site, a Development Agreement amendment was required for the new Municipal Pool ,Facility. The City Council approved the First Amendment to the Development Agreement and certified the EIR for the Municipal Pool Facility in December 1998 with the understanding thaYthe Development Agreement would have to be subsequently amended 2 to authorize a replacement parking structure, and to set in place the standards and conditions for the new structure. This second amendment to the Development Agreement establishes the parameters, project description, standards and conditions, and impact mitigations forthe replacement of the parking structure that was demolished due to the 1994 Northridge Earthquake. This project implements Land Use Element Objective 1.1, which requires development to improve-.the quality of life for all residents by providing a balance of land uses consistent with protecting the quality of life in all residential neighborhoods. By replacing the demolished structure with the proposed project, the Santa Monica College campus will be reconfigured to improve land use and traffic circulation, improve existing parking conditions and replace the parking spaces that were lost in the earthquake, and relocate the garage to an interior site thereby protecting the surrounding residential neighborhoods from the impacts of being located next to a parking garage, as well as protecting the neighborhoods from the current college parking spillover which is due to the shortage of spaces .since Parking Structure B was demolished. Project Description Proposed is Amendment Number Two and Restatement of the Development Agreement between the City of Santa Monica and the Santa Monica Community College District to allow the construction of a 486 space, 30 foot high, five level parking garage. The project 3 replaces the former Parking Structure B, which had 394 parking spaces, and which was demolished due to damage from the 1994 Northridge Earthquake. The project consists of the removal of the existing Santa Monica municipal pool and construction on that site of a five level parking garage of approximately 131,600 square feet. The proposed project will be located directly adjacent to the eastern end of existing Parking Structure C, between the Technology building to the north and the Physical Education building to the south. Attachment A identifies Structures A, B, C, and the sites for the existing municipal pool and the new Municipal Pool Facility. In addition to the structure itself, the project will include a new driveway access to and from the Pico Boulevard entrance at 17"' Street and a small surface parking lot which includes 19 of the 486 spaces. This surface parking lot will be accessible only from the proposed parking structure. The existing Pico Boulevard entrance will be widened to accommodate vehicular access to the new structure, and will be reconfigured to improve internal campus access to Parking Structure A and to provide access to the new Municipal Pool Facility. The project will be connected to the existing Parking Structure C at each floor. The proposed Development Agreement ,which restates the existing Development Agreement with minor changes and authorizes the Parking Structure B Replacement, is included in Attachment B. More specifically, the proposed Development Agreement vests the development entitlements for the Parking Structure B Replacement on the specific site, which is the location of the existing municipal pool. A new Municipal Pool Facility is under construction on the site of 4 the demolished Parking Structure B. The Amendment incorporates mitigation measures identified in the EIR, except where infeasible, locates pedestrian and vehicular access, and requires specific conditions for the development based on the schematic design drawings, including landscaping, Department of Environmental and Public Works Management requirements, and Architectural Review Board requirements. Project Design Proposed is a five-level parking structure designed to be compatible with existing Parking Structure C. The project will be no more than 30 feet above average natural grade, not including the 42 inch high parapet and the approximately 22 fooYhigh light standards at the roof parking level. The project will include an elevator tower projecting 14 feet above the roof level. The project will provide five parking levels, including one subterranean level, one at grade level incorporating an adjacent surface. lot accessible only from the structure, and three above-grade levels, one of which is rooftop parking. The project plans are included in Attachment K. The project will be designed to be visually consistent existing Parking Structure C. The exterior of the proposed Parking Structure B Replacement building will be primarily exposed concrete, accented with silver metallic painted louvers facing the interior of the campus and galvanized sheet metal cladding oh the exterior of the exit stairs. Red brick is proposed for the retaining walls and drive surface in the below grade entry plaza. This. brick coordinates with the sidewalk pavers recently installed along Pico Boulevard as part of the streetscape improvement project. The preliminary landscape plan includes landscaping at the perimeter of the surface parking lot immediately adjacent to 5 the structure on the east, and landscaping along the perimeter of the new driveway. Project Plans are included in Attachment K. Use The Parking Structure 6 Replacement will be operated by the College between the hours of 6 AM and 11 PM; the same hours as the existing campus structures. Users will include college students, faculty, staff, pool users and visitors to the college. Access and Circulation The projecYwill significantly improve the overall vehicular access plan for the campus. The project includes the reconfiguration and widening of the Pico entrance to allow for direct access to the new structure as welt as to allow access to Parking Structure A, and the Municipal Pool Facility. Because the new structure will be connected to the existing Parking Structure C, vehicles will be able to enter the new structure, contirue through to the existing Structure C if necessary, and exit Structure C at the western end and continue to Structure A as a final parking option. Alternately, vehicles bound for the Business Building or the Municipal Pool Facility may turn right just after entering the campus at Pico and park. in Parking Structure A, continue past the pedestrian drop off to the pool and park in Structure C, or if necessary, continue through Structure C to the new structure. These circulation improvements will make it possible for vehicles to look for parking oh campus without having to return to city streets. 6 Pedestrian Access Since the new accessway to the Parking Structure B will traverse a main pedestrian corridor, pedestrian access must be provided across the new driveway. The project design includes a broad pedestrian bridge that crosses over the depressed accessway between the Business Building and the Technology Building: The project also includes. an improved crosswalk from Parking Structure A, crossing the driveway leading west to the new Municipal Pool Facility, guiding pedestrians toward the new pedestrian bridge. DEVELOPMENT AGREEMENT A Development Agreement is a contract between the City and a developer, which authorizes the type and amount ofidevelopment within a specific period of time. Typically; in Santa Monica, Development Agreements have provided landowners with guaranteed development rights in exchange for- public benefits. A Development Agreement must comply with the General Plan and Specific Plans but can supersede zoning regulations by establishing its own specific set of development standards. The Development Agreement amendment attached to this report is the document proposed by the City of Santa Monica and Santa Monica College Community. Once the City Council-has approved the document, the College will take it before the Board of Trustees for final approval. The document outlines the parameters for the specific Parking Structure B Replacement for which the attached Final Erivironmental Impact Report was prepared. The City recognizes that the College is undergoing an extensive master planning process and the Parking Structure B Replacement facility is one part of this project. The 7 Master Plan projects. were considered as part of the cumulative projects in the Parking Structure B Replacement environmental analysis. The College needs to replace the parking spaces that were lost when Structure B was demolished, as well as provide additional parking spaces lost from the earthquake. The calculation for the number of spaces is as follows: The new structure replaces a total of 455 spaces which were lost due to the earthquake, 374 spaces in parking structure B and 79 spaces in Parking Lot 7 that is currently a site for temporary replacement structures. Seven spaces from Structure C will be lost due to construction and are replaced in the new structure. In addition, the new structure replaces 24 spaces in Structures A and C which have been designated for the new Municipal Pool Facility. There is a net new gain of an additional two spaces which are not associated with earthquake related construction. For the purposes of consistency and implementation, the Development Agreement has been revised to include the original Agreement authorizing construction of Structures A and C, the Firsf Amendment governing the new Municipal Pool Facility and the Second Amendment governing .the proposed Parking Structure B Replacement. Additional technical changes-have also been made to ensure that the document is consistent with the City's current standards and conditions for Development Agreements. The Development Agreement is divided into 33 Paragraphs, each describing or authorizing specific elements of the project, and 11 exhibits. The significant elements are discussed in detail in this report. The following summarizes the content of each paragraph, 8 highlighting the amendments and additions which pertain to: Parking Structure B Replacement. Paragraph 1 Description of the Property Lists the defining terms used in the document. Paragraph 2 Description of the Property Provides the location of all the. projects governed by the Development Agreement, adding the location of the Parking Structure B Replacement. Paragraph 3 Description of the Project Describes the principal components of each of the projects goverhed by the Development Agreement including height, floor area, number of stories, vehicular and pedestrian access and circulation, and landscaping. This amendment and restatement adds a description of the major components of the Parking Structure B Replacement including the terms of demolition for the existing municipal pool Paragraph 4 Approved Uses Paragraph 5 Timing of Construction Describes the approved uses for the projects governed by the Development Agreement, which are parking for the parking structures and aquatic related uses. for the Municipal Pool facility. Establishes the required timing for commencement of .construction after adoption of the Development Agreement, and. the required time to complete construction. The Parking Structure "B Replacement project must begin construction no more than twelve months after the approval of the document, and the structure and the 17`h Street entrance must be completed no more than eighteen months after the commencement of construction. Paragraph 6 Project Mitigation Measures Lists the adopted mitigations for Parking Structures A and C and references the Exhibits that contain the project mitigation 9 measures for the Municipal Pool Facility and the proposed Parking Structure B Replacement. Paragraoh 7 Environmental and Public Works Deg_artment Requirements Lists the specific requirements for each project governed by the Development Agreement. Specific requirements which pertain to the Parking Structure B Replacement include approval and evaluation of the civil plans for both on-site and off-site improvements to the College entrance at Pico Boulevard. Paragraph 8 Changes to Parking Structure A and Parkina Structure C not Requiring Amendment of Development Agreement Pertains only to the original parking structure A ahd C. Paraaraph 9 Effect of Aareement on Governs the use and development of the Land Use. Regulations Parking. Structure B Replacement. Paraaraph 10 Certificate of Occupancy Explains that the College is responsible for obtaining a certificate of occupancy for the Parking Structure B Replacement from the Office of the Stafe Architect. Paragraph 11 Enforcement: Periodic Review of Compliance with Aareement Describes the process for monitoring the. compliahce of the Development Agreement. Paragraph 12 Default and Remedies Paragraph 13 Notice of Termination Describes the process for determining and acting on default of the Agreement and the means to remedy default. Explains that termination of the Agreement must be officially recorded. Paragraph 15 Duration of Agreement Describes the length of the term of the Agreement. The current length of term is 25 years from the execution of the original Development agreement in 1989. Paragraphs These paragraphs address legal requirements 16-32 including notices, indemnification, attorney's fees, and severability: 10 Exhibit A: Legal description Exhibit B: Project Location, Landscaping and Architectural Review Board requirements. Exhibit C: Environmental and. Public Works Management requirements. Exhibit D: Santa Monica Municipal Pool Facility, Access and Circulation Description, Access Diagram., Site Plan and Building Elevations. Exhibit E: Municipal Pool Mitigation Measures. Exhibit F: Municipal Pool Standard Conditions. Exhibit G: Parking Structure B Replacement Access and Circulation Description, Access Diagram, Site Plan, Building Elevations and Floor Plans. Exhibit H: Parking Structure B Replacement Project Mitigations. Exhibif I: Parking Structure B Replacement Standard Conditions. Exhibit J: Definition of Average Natural Grade. PLANNING COMMISSION ACTION On July 19, 2000 the Planning Commission unanimously voted to recommend tha# the City Council certify the Final Environmental Impact Report. However, the Commission did not recommend approval of the Development Agreement, but chose to identify issues to be addressed before the City Council considers approving the Development Agreement Amendment. A copy of the Planning Commission staff report is included as Attachment C. In general, the Planning Commission commented on the lack of information on the Santa Monica College Masterplan which -sets the context for the project. The Commission wanted more information about other parking alternatives that the College considered. They heard public testimony from the neighbors on 17`h Street who expressed concern about this street becoming a short cut to the College. Additionally, they heard public testimony requesting that the timing of the existing pool closing be delayed until the new pool was open so that City-sponsored swimming programs would not be interrupted. 11 The following lists the specific Planning Commission recommendations together with staffs response: 1. Coordinate construction schedule of the Parking Structure B Replacement with the opening of the new Municipal Pool facility to ensure an operational municipal pool during the construction process. Santa Monica College has stated that, due to their funding schedule with the Federal Emergency Management Agency (FEMA), the costs of delaying the construction schedule beyond the current November date would. be prohibitive. Moreover, November is the optimal time to begin demolition, as it allows the .existing pool to remain open. throughout the summer and early fall months when it is in high public demand. The new Municipal Pool facility is not scheduled to be completed until spring of 2001, potentially creating a period of four to five months when there will be no municipal pool programs. The Community and Cultural Services Department has approached Santa Monica Malibu Municipal School District to discuss transferring programs to the Santa Monica High School swimming pool while the new facility is under construction. 2. Prohibit north and south through movements at 17`h Street and Pico Boulevard. The only way to enter and exit the structure would be from Pico Boulevard, rather than directly from 17`h Street. This proposal had not been studied. as part of the environmental review process. Consequently, the City's EIRtrafflc-consultant recently reviewed this recommendation to determine if there would be any additional traffic impacts if vehicles exiting the College were prohibited from using 17`h Street. The analysis determined-that this proposal would result in new significant neighborhood traffic impacts on 16~' and on 20~' Streets which could not be feasibly mitigated. As implementation of this recommendation would cause significant impacts by rerouting the 17`h Street traffic to other residential streets, staff recommends that the Council approve the project without incorporating this Planning Commission recommendation. If Council supports this recommendation, EIR re-circulation would be required. CEQA requires an EIR to be re- circulated if a new significant impact would result from the project or from a new mitigation measure proposed to be implemented. 3. Create a separation between pedestrians and vehicles at the east end of Parking Structure A on Pico Blvd. In response to the Planning Commission's concern about the interface between pedestrians ahd vehicles at the crosswalk on the eastern end of Parking Structure A, the College has redesigned this crosswalk and the configuration of the right turn lane. The crosswalk has been moved away from the entrance driveway and is now located 12 across from the exit on the southern edge of the southeast corner of Structure A, so that the direct line of pedestrian travel will cross the driveway toward the new pedestrian bridge. To address possible safety concerns, the College will locate a "Yield to Pedestrians" sign at the corner, and the roadway has been designed with a wider sidewalk at the north side of the Business Building to reduce the width of the roadway where pedestrians cross. The crosswalk is now located a sighificant distance from the Pico entry.. Staff believes that this has addressed any earlier concern that cars stopping for pedestrians will create a stacking problem that could .impact traffic on Pico Boulevard. Attachment D shows the redesign of the entrance and relocation of the sidewalk. The EIR consultant states that these modifications will not create any new significant environmental impacts or increase the severity of any identified environmental impacts. 4. Do not implement the proposed mitigation of a left turn pocket at Ocean Park and 23rd Street. The EIR identifies a one second delay at the intersection of 23`d Street and Ocean Park Boulevard, which is considered a significant impact by the City's criteria. The EIR proposes a mitigation to add a left turn pocket on 23rd Street which would increase the speed of traffic through the intersection and thereby reduce the impact to a level of insignificance. Staff supports the Planning Commission's determination that the mitigation at 23`d Street and Ocean Park Boulevard is infeasible due to the impacts of increased vehicle speed on 23`d Street which would be caused by creating a left turn pocket. 23`d Street is a residential street, and has been subject to the City's implementation of traffic calming measures to reduce the speed of traffic. The proposed mitigation measure would be contrary to the established City practice on this street. To implement a mitigation measure which increases traffic speed and flow on this street would be detrimental to the neighborhood and would create a greater impact than the impact of the delay at the intersection if the mitigation were not implemented. 5. Require two entry lanes and one exit lane at the 17th Street driveway. The project is currently designed with one entry lane at the 17~' Street driveway. The project as presented to the Planning Commission was designed with a two lane entry, to be compatible with a proposed mitigation measure contained in the EIR consisting of a dual-left turn lane off of Pico Boulevard. As detailed on page 16 of this staff report, staff has determined that the duel left turn mitigation measure is not feasible. The Planning commission agreed. The College informed the Commission that it preferred a one lane entry design if the two lane left turn mitigation measure was not required due to its infeasibility. The Planning Commission did not support the College's proposal. The Commission expressed concern about cars entering at the Pico Boulevard entrance and backing up onto the street, adversely impacting Pico's traffic flow. The Commission recommended 13 maintaining the two lane entrance to allow more cars to enter the campus more quickly. Staff believes that requiring the College to provide a two lane entrance would not effectively address the Commission's concern that cars would back up onto Pico Boulevard. Indeed; staff believes that a two lahe entrance would contribute to this problem since drivers would to slow down due to confusion about which lane to select. In an effort to resolve the Commission's concern, the College has redesigned the entry to allow fora 20-foot wide one lane entry,. which eliminates the potential for slowed traffic caused by drivers making a decision between two lanes. This design also allows enough room that two cars may pull abreast of each other inside the College campus, and will not need to stop on Pico Boulevard while waiting for cars to enter the campus: Since the crosswalk has been moved to a location further inside the campus to address the Commission's concern about the interface of vehicles with pedestrians, (see #3 above) the on-site area provided for vehicles stacking has also been increased. Staff and the College believe that the Planning Commission's concerns about pedestrian interface and potential stacking have been addressed by improving the entry design with the crosswalk relocation and the driveway redesign to one 20-foot wide single lane. This design also allows the coral tree which was identified for relocation to remain at the College entrance. Exhibit D shows the described design changes. This revised site plan has been incorporated into the Development Agreement Amendment. The City's EIR consultant states that this redesign of the entry will not create new significant environmental impacts or increase the severity of any identified environmental impacts. 6. Require ihstallation of a dedicated left turn arrow on westbound Pico at 17th Street. The protective left turn arrow at 17`" Street for westbound- Pico traffic which the Planning Commission recommended was included in the original EIR mitigation measures, but inadvertently left out of the final Development Agreement and EIR Documents. Staff has added it into the mitigations for the. Development Agreement Amendment. 7. Provide more historical context and evidence that the College has cohsidered alternatives other than this parking structure to address the parking needs for the campus, such as off-site parking, payment options, and alternatives to automobile use, and provide some context for the project in terms of the Santa Monica College Masterplan. Attachment E includes historical information from Santa Monica College that describes the Master Plan- and the. alternatives considered in the context for siting the Parking Structure B Replacement. 14 CEQA ANALYSIS An Environmental Impact Report (EIR) was prepared for this project. Copies of the draft EIR were distributed to the City Council and notices of availability were sent to Planning Commission members at the beginning of the 45-day public review period, which closed on December 27, 1999: A total of five comment letters were received prior to the close of the comment period. These comment letters, as well as the response to comments, are included in the final EIR. One comment letter from Santa Monica College was submitted after the close of the comment period. This letter addresses the College's concerns regarding mitigations requiring re-striping at the 23`d Street and Ocean Park Boulevard intersection, and requiring the replacement of public parking meters on campus. In addition, the City held a neighborhood meeting regarding the proposed project on December 8, 1999. Five members of the public were present. The verbal .comments received at the meeting have been addressed in the Response to Comments section of the EIR. The central public concern was that the parking garage would become a potential incentive for people to drive cars instead of using the more envirohmentally sound practice of alternative transportation. The response to comments section of the EIR outlines the alternative transportation incentive program used by the College. No significant impacts were identified in the areas of Geology and Soils, Air Quality, Noise, Aesthetics and Shadows, or Land Use and Neighborhood Effects. As discussed below, the 15 only significant impacts that could not be mitigated were in the areas of Transportation and Traffic. In addition, the EIR recommends mitigation for three traffic operation impacts that the Planning Commission and staff do not believe can be feasibly implemented. These.. infeasible mitigations are discussed below. Traffic Impacts Dual leR turn lane from Pico Boulevard to College Driveway Entrance The EIR determined that, based upon the projected traffic volumes, the 17~' StreetiSanta Monica College Driveway/Pico Boulevard intersection would have inadequate storage capacity' for westbound left turns from Pico Boulevard into the Santa Monica College Campus. The EIR further determined that this potentially significant traffic impact could be mitigated by doubling and extending the westbound left turn pocket on Pico Boulevard. However, this additional left turn lane would require the removal of 13 metered parking spaces on the south side of Pico Boulevard, east of the College driveway entrance. The permanent loss of 13 metered parking spaces would itself create a significant impact given the high demand for parking in the area for businesses, residents, and College users. Parking is a premium use and the loss of any parking that is available to the general public significantly impacts. the community. Indeed, the removal of 13 public parking spaces wduld have greater impacts than the reduction in the level of service if the second left turn lane were not installed. While the EIR further recommended that the public metered spaces be replaced on the College Campus along the internal access road between Structure A and the Business Building, staff believes that given their location, public metered spaces 16 on private property would result in these spaces only being used by College users rather than the general public. As such, the identified impact would not be mitigated even if the spaces could be relocated. Since the dual left turn lane mitigation measure results in the permanent loss of 13 public spaces, the impact of which cannot be mitigated, staff believes the dual left turn lane is infeasible. Therefore, the Planning Commission and staff do not recommend that this mitigation be adopted, and instead the Council adopt a Statement of Overriding Consideration. Intersection of 20~' and Pearl Streets The additional traffic at the intersection of Pearl and 20w Street due to the project would be limited to 5-10 trips per day during peak hours. While this was determined to have a significant traffic impact, the implementation of the mitigation measure of a traffic signal at this intersection would produce longer queuing in the residential neighborhood, resulting in vehicles avoiding the intersection and dispersing throughout the neighborhood. This would have a greater environmental impact than the benefit of a traffic signal since the queuing impacts could not themselves be mitigated. The proposed mitigation would create an ongoing impact that would be more detrimental to the neighborhood than the delay at the intersection if the mitigation is not implemented, and is therefore determined to be an infeasible mitigation. Therefore, the use of a traffic signal as a mitigation. measure. is infeasible. Staff and the Planning Commission recommend that this mitigation measure not be adopted, thus requiring a Statement of Overriding Considerations. 17 Intersection of 23rtl Street and Ocean Park Boulevard The EIR recommends re-striping of 23`~ Street to create a short, dedicated left turn pocket on the southbound approach, providing left turn vehicles a place to wait, to reduce the one second project related delay at this intersection which is caused by the project. As previously discussed on page 13 the Planning Commission determined that this mitigation is infeasible because it would increase the speed of traffic and therefore the amount of traffic on 23`d Street. Neighborhood Impacts According to the City's criteria for evaluating neighborhood traffic impacts, the addition of one trip per day to a residential streef is considered a neighborhood impact if the street is already functioning at 90% of capacity. Based on this, the proposed project will generate sighificant impacts to two streets, adding 28 daily trips to14`h Street north and south of Pearl Street, and 15 daily. trips to 16"' Street south of Pearl Street. Mitigation measures that could reduce the projected traffic on these streets such. as turn restrictions, speed bumps, and curb extensions wduld increase the traffic on other local streets, thus simply shifting impacts from one street to another rather than reducing these impacts to a less than significant level. Therefore, these mitigation measures are considered infeasible and a Statement of Overriding Considerations is recommended for these impacts. Alternatives The EIR also considered alternatives to the proposed project, as follows:. 1. The No'Project alternative was not considered a superior alternative as it would assumethe rebuilding of the demolished structure on its original site, which would 18 have greater neighborhood impacts than the proposed project location at the interior of the campus. 2. The Reduced Project altemative would develop a project with fewer parking spaces with the intention of reducing the overall intgnsity of the project. The reduction in parking spaces would not necessarily reduce the parking structure height. However, the reduction in parking spaces being a less intensive use could result in fewer impacts. (Final EIR Table 4-1) However, a reduced number' of spaces would not serve the SMC project objective of replacing the spaces lost due to the earthquake and ensuring the current needs of campus users. In addition, supplying fewer parking spaces than the current demand would encourage students to park on the city streets and further impact residential neighbors. 3. Off-site alternative locations were evaluated and considered infeasible because the act of moving the project off-site would not lessen the significant environmental impacts. Due to the nature of the project, significant environmental impacts would also occur at an off-site location. 4. Several on-site locations were evaluated, but-were also found to be infeasible because the act of relocating the project on site would not lessen the significant impacts..All other available campus site were closer to .the perimeter of the campus, and would therefore create greater impacts due to the proximity to surrounding residential neighborhoods. Recommendation for a Statement of Overridinq Considerations. The construction of the Parking Structure. B Replacement will provide a significant public benefit. The parking spaces lost due to the Northridge earthquake will be replaced, and the College will more adequately be able to provide parking for their students, reducing parking impacts on the neighboring streets. The site of the Parking Structure B Replacement is preferable to the former site of the demolished Parking Structure B because it is located in the interior of the campus, and will not impact the surrounding residential neighborhood in terms of noise, glare or aesthetics. The internal access and circulation will be improved, providing enhanced pedestrian safety, improving traffic circulation throughout the campus, and preventing cars looking for parking from exiting the 19 campus and circulating onto public streets. Staff recommends that a Statement of Overriding Considerations be adopted because of these public benefits. PUBLIC NOTIFICATION Pursuant to Municipal Code Section 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 site and published in the Our Times section of the Los Angeles Times the at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment G. The Planning Commission hearing oh July 19, 2000, was similarly noticed, and the City held a public meeting during the public circulation of the EIR on December 8, 1999. BUDGET/FINANCIAL IMPACT The City bears no direct financial impact as the College-will pay for the construction of this project. Because of the nature of the project, a parking structure, it wilt not create permanent new jobs, nor detract from the current job market. Fees from the ..parking structure will be collected by the College but will not impact the City. As anon-profit entity, the College does create sales tax revenue. CONCLUSION Staff recommends the approval of the Development Agreement Amendment and certification of the related EIR. The proposed parking Structure B Replacement Project will benefit the City in that it will replace lost parking, relocate the parking garage to an interior. 20 campus site, and improve circulation on campus, thereby allowing for vehicles to circulate on campus rather than on City streets. Staff believes that the College has responded to the Planning Commission's concerns. The Pico entrance has been redesigned to address safety concerns regarding the interface between vehicles and pedestrians and to eliminate the potential vehicle stacking problems. In addition, the College has provided the background that describes the decision making process that led to the siting of the Parking Structure B Replacement. However, the Commission's recommendation for reducing impacts on 17"' Street creates unmitigatable impacts on other streets: If the Council supports this mitigation measure, EIR re-circulation would be required. Since the College is unable to alter the proposed construction schedule, and the new aquatic facility will not be completed before construction is scheduled to begin, there will likely be a period of time with no municipal pool aquatics programs. Currently, the Community and Cultural Services Department is investigating options to avoid or mitigate the potential- temporary loss of swim programs, such as relocating some existing aquatics programming at Santa Monica High School. RECOMMENDATION It is recommended that the City Council take the follovving actions: 1. Approve the resolution Certifying the Final Environmental Impact Report evaluating the environmental impacts of the project proposed in the Development Agreement Amendment between the City and Santa Monica _College Authorizing the Development of Parking Structure B Replacement. 2. Approve the Resolution making the CEQA Findings necessary to approve the Amendment to the. Development Agreement concerning Parking Structure B Replacement, and adopting a Statement of Overriding Considerations and Mitigation Monitoring Plana 3. Introduce for First Reading an ordinance adopting the proposed Second 21 Amendment to and Restatement of the Development Agreement between the City and Santa Monica College. DEVELOPMENT AGREEMENT FINDING 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 Element Policy 1.1 which requires development to improve the quality of life for all residents by providing a balance of land uses consistent with protecting the quality of life in all residential neighborhoods. By replacing the demolished structure with the proposed project, the Santa Monica College campus will be reconfigured to improve land use and traffic circulation, improve existing parking conditions and replace the parking spaces that were lost in the earthquake, and relocate the garage at an interior site thereby protecting the surrounding residential neighborhoods from the impacts of being located near a parking,garage as well as protecting the neighborhoods from the current college parking spillover which is due to the shortage of spaces since Parking Structure B was demolished. Prepared by: Suzanne Frick, Director Jay M. Trevino, AICP, Planning .Manager Amanda Schachter, Principal Planner Kimberly Christensen, AICP, Senior. Planner Sarah Lejeune, AICP, Associate Planner City Planning Division Planning and Community Development Department Attachments: A. Site map B. Development Agreement Amendment C. Staff Report, Planning Commission Meeting, July 19, 2000 D. Revised Site Plan E. Information from Santa Monica College related to Master Plan. F. Notice of Public Hearing G: Resolution Certifying EIR H. Resolution of Statement of Overriding Considerations I. Ordinance Approving Restatement of Development Agreement J. Final EIR K. Project Plans 22 ATTACHMENT A QQU,9 4« HIS or `z m s ~ ~'UC7 ~m~ ~~;~t wW ~; a _ ~~~ Z~]LI o`s H x _ - m= 6E `a 9a i ®J m u UU ~ ~~ $ ~c~~ ~~~ S }® `a 5 ~ em NEW MUNICIPAL POOL FACILITY ~~ ~~ THE PROJECT PARKING SRUCTURE B REPLACEMENT -I I I f ~~~ ~y~r h ~'[ ktk~{` Srt-` ~~< Ei° ~t~xr is^tR i Q Q a 1u J m v o ; m `~ 3 . ~ ~ ~ Ij~~ -~ ~ 3 1~~ _ .f ~~f z ----- =_ ~- CURRENTLY UNDER CONSTRUCTION FORMER SITE OF THE DEMOLISHED PARKING STRUCTURE B ~~~~ ~~ ~.. ,4TTACWMENT B ~~~~:.~~ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF SANTA MONICA 1685 Main Street, Room 212 Santa Monica, CA 90401 Attention: Planning Director Space Above Line For Recorders Use No Recording Fee Required Government Code Section 27383 AMENDMENT NUMBER TWO TO AND RESTATEMENT OF DEVELOPMENT AGREEMENT BETWEEN- THE CITY OF SANTA MONICA AND THE SANTA MONICA COMMUNITY COLLEGE DISTRICT AND THE BOARD OF TRUSTEES OF THE SANTA MONICA COMMUNITY COLLEGE DISTRICT s~ ., l7 RECORDING REQUESTED BY AND WHEN RECORDED MAIL, TO: CITY OF SANTA MONICA 1685 Main Street, Room 212 Santa Monica, CA 90401 Attention: Planning Director Space Above Line For Recorders Use No Recording Fee Required Government Code Section 27383 AMENDMENT NUMBER TWO TO AND RESTATEMENT OF DEVELOPMENT AGREEMENT THIS AMENDMENT NUMBER TWO TO AND RESTATEMENT OF THE DEVELOPMENT AGREEMENT ("Agreement"), dated for reference purposes September 2000 is entered into by and between the CITY OF SANTA MONICA, a municipal corporation (hereinafter "City"), and the SANTA MONICA COMMUNITY COLLEGE DISTRICT and THE BOARD OF TRUSTEES OF SANTA- MONICA COMMUNITY COLLEGE DISTRICT (hereinafter referred to as the "District" collectively). The City and the District enter into this Agreement to fully amend and restate that certain Development Agreement between the City and the .District dated November 14, 1989 ("Original Development Agreement") and Amendment Number One ("Amendment Number One") to the Original Development Agreement between the City and the District dated January 12, 1999. Upon mutual execution of this Agreement by the City and the District, this Agreement shall supersede and replace the Original Development Agreement 1 and Amendment Number One in their entirety. The City and the District enter into this Agreement with reference to the following: RECITALS: A. Pursuant to California Government Code Sections 65864 at sec .. and Santa Monica Municipal Code Sections 9.48.010 et sec .., the City is authorized to enter into, and subsequently amend in whole or part, binding development agreements with persons having legal or equitable interests in real property for the development of such property. B. The District is the legal owner of certain real property ("Property") located in the City of Santa Monica; California, as more particularly described in Exhibit A, which is attached hereto and incorporated herein by reference. C. City and District and Board of Trustees entered into the Original Development Agreement on dated November 14, 1989. Pursuant to the terms and conditions of the Original Development Agreement, the City approved a plan for the development of two (2) parking structures now commonly known as "Parking Structure A" and "Parking Structure C". D. Parking Structure A and Parking Structure C have been developed in accordance with the Original Development Agreement. E.-City and District and Board of Trustees amended the Original Development Agreement by entering into Amendment Number One on January 12, 1999. Pursuant to the terms and conditions of Amendment Number One, the City approved the replacement and relocation of the 2 '11+," ii municipal pool currently located on the campus of Santa Monica College ("SMC") in Santa Monica ("Municipal Pool Facility"). F. The Municipal Pool Facility is currently under construction in'accordance with Amendment Number One. The Municipal Pool Facility will constitute a facility owned, operated, and maintained by the City on land- owned by the District. The Municipal Pool Facility is anticipated to open in mid-2001. G. The parties desire to amend the Original Development Agreement as amended by Amendment Number One to authorize the construction of Parking Structure B Replacement primarily to restore parking lost on the campus of SMC as a result of the Northridge Earthquake. More specifically, the parties desire to amend Paragraph 2 relating to the description ofthe Property; Paragraph 3 relating to the description of the project; Paragraph 4 relating to approved uses, Paragraph 5 relating to timing of construction; Paragraph 6 relating to mitigation measures for the project; Paragraph 8 relating to project changes upon approval of the Zoning Administrator; Paragraph 9 relating to effect of agreement on land use regulations; Paragraph 10 relating to certificates of occupancy; Paragraph 11 relating to enforcement; Paragraph 12 relating to default and remedies; Paragraph 13 relating to procedure upon default, Paragraph 15 relating to duration of agreement, Paragraph 17 relating to remedies cummulative; Paragraph 18 relating to indemnification; Exhibit A relating to the site legal. description; Exhibit B relating to the project description; Exhibit C relating to Environmental and Public Works- Requirements; Exhibit D relating to the project plans; and to add Exhibit G relating to the Parking Structure B project Plans, Exhibit Hrelating to Parking Structure B mitigation measures, Exhibit I relating to Parking Structure B standard conditions and Exhibit J relating to the certain definitions. 3 ^, `- ' ~ H. The Parking Structure B Replacement project will be developed in the space currently used by the existing. municipal pool; which is being replaced by the Municipal Pool Facility. I. The Municipal Pool Facility is being constructed on the site of former Parking Structure B as approved in the First Amendment to the Development Agreement. Parking Structure B consisted offour levels above grade, and contained 374 parking spaces. Parking Structure B incurred significant structural. damage due to the Northridge Earthquake and was subsequently demolished. The Parking Structure B Replacement replaces the demolished parking structure at a different site in the interior of the. SMC campus. J. On December 2, 1998, the District and the Board of Trustees filed with the City an application to amend the Development Agreement ("Amendment Application"). K. The District and the Board of Trustees have paid all necessary costs and fees associated with the City's processing of the Amendment Application and this Amendment Number Two- and Reinstatement of the Development Agreement ("Agreement"). L. A Draft Environmental Impact Report was prepared by EIP Associates for the City with respect to the amendments to the Development Agreement contained in this Second Amendment and circulated forpublic comment, all in compliance with the California Environmental Quality Act (the "DEIR"). Comments on the DEIR were received from members of the public and a final Environmental Impact Report was prepared and duly considered by the Santa Monica Planning Commissiomin connection with-its review of this Agreement. The City Council similarly reviewed and considered the information contained in the final Environmental Impact Report prior to approving this Agreement. 4 n~..n M, The City has complied with all procedures required by California Government Code Sections 65864 et sec .and Santa Monica Municipal Code Sections 9.48.010 et sec .regarding the processing of this Agreement, including Santa Monica Municipal Code Section 9.48.170 which authorizes amendment, in whole or in part, of existing development agreements, by, among other things, completing the following: 1. The Planning Commission held aduly-noticed public hearing on this Agreement on July 19, 2000, and made its written recommendations to the City Council in accordance with Santa Monica Municipal Code Section 9.48.130. 2. The City Council held aduly-noticed public hearing on this Agreement. Following completion of the public hearing and consideration of the recommendation of the Planning Commission, the City Council adopted an ordinance approving this Agreement and authorizing the City Manager to execute this Agreement. N. The provisions of this Agreement are consistent with the City's General Plan for several reasons, including, without limitation, the following: The Second Amendment to the Development Agreement establishes the parameters, project description, standards and conditions, and impact mitigations for the replacement ofParking Structure B, demolished due to the 1994 Northridge Earthquake. This proj ect implements Land Use Element Objective 1.1 which requires development to improve the quality of life for all residents by providing a balance of land uses consistent with protecting the quality of life in all residential neighborhoods. By replacing the demolished structure with the proposed project, the SMC campus will be reconfigured to improve land use and traffic circulation, improve existing parking conditions replace the parking spaces that were lost in the earthquake, and relocate the parking garage to an 5 ,.. . interior site thereby protecting the surrounding residential neighborhoods from the impacts associated with being located next to a parking garage as well as protecting the neighborhoods from the current college parking spillover due to Parking. Structure B's demolition and the resulting shortage of parking spaces. O. Given that numerous changes have been made to the Original Development Agreement and that certain provisions ofthe original agreement have become outdated or inapplicable, the City and the District agree it would be better to have one single updated document rather that a separate amendment to .the prior agreements. Accordingly, upon execution of this Agreement, this Agreement shall replace and supersede both the Original Development Agreement and Amendment Number One in their entirety. NOW, THEREFORE, in consideration ofthe covenants and. conditions hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows: 1. DEFINITIONS. For purposes of this Agreement, the following terms and phrases shall be interpreted as hereinafter defined, unless the context cleatly indicates a contrary intent of the parties: Buildine Height: shall be as set-forth in Section 3, and shall for Parking Structure A and Parking Structure C be defined as the vertical distance measured from the average level of highest and lowest point of that portion of the lot covered by the building to the highest point of the roof excluding parapets, stairways, ventilating fans or similar equipment required to operate and maintain the building. Subterranean parking areas located below the average ground level shall also be excluded from building height. 6 ~j;~G City: the City of Santa Monica; a municipal corporation, organized and conducting business pursuant to the laws of the State of California and the Charter of the City of Santa Monica. City Manager: the City Manager of the City. District:, Santa Monica Community College District and the Board of Trustees of Santa Monica Community College District. Floor Area: shall be consistent with and governed by the Zoning Ordinance. General Plan: the comprehensive, long term general plan for the physical development of the City of Santa Monica pursuant to California Government Code Sections 65300 et sec .. Hazardous Material: any substance, material or waste which is regulated as hazardous/contaminating or potentially hazardous/contaminating by the United States government, the State of California, or any local or other governmental authority or any other substance; whether in the form of a solid, liquid, gas or any other form whatsoever, which by any governmental requirements provides for special handling in its use, transportation, generation, collection, storage, treatment or disposal. LUCE: the Land Use and Circulation Element of the General Plan of the City. Planning Commission: the Planning Commission of the City. Project: the proposed development of the Property as is more particularly described in Section 3 of this Agreement and in the Project Site Plans. Parking Structures: the three parking structures to be constructed on the Property, as more particularly described in Section 3 of this Agreement and in Exhibit B. 7 ,~; .,ij Property: the real property on which the Project will be developed and which is more particularly described in Exhibit A. Zoning Administrator: the Zoning Administrator of the City. 2: DESCRIPTION OF THE PROPERTY. The Property is more particularly described in Exhibit A and consists of four (4) lots designated as "Parking Structure A," "Parking Structure C," "Parking Structure B Replacement" which is accessed-from Parking Structure C and via the ramped driveway from 17th Street, and the approximately 57,350 square foot parcel on the west side of Santa Monica College upon which the Municipal Pool Facility is being developed, bounded by Parking Structure A to the north, the access road and Parking Structure C to the east, the Facility Services Department and athletic field to the south, and 16th Street to the west. 3. DESCRIPTION OF PROJECT. A. Three Parking Structures. The Project includes all aspects of the proposed development of the Property with three. (3) parking structures which are more particularly described herein and in Exhibit B, including the following components: 1. Parking Structure A, on the South side ofPico Boulevard between 16`~ Street and 17`s Street, containing approximately 182,000 square feet ofFloorArea andproviding approximately 402 full size and 292 compact non-tandem parking spaces. The Parking Structure shall not exceed four levels and a Building Height of 40 feet. One level shall be at grade and the three other levels shall be above grade. The structure shall utilize the existing exit on 16~' Street as a right turn only 8 ,~_;cl 2. Parking Structure C shall be constructed on the College softball field. It shall contain approximately 238,000 square feet of Floor Area and provide approximately 485 full size and 359 compact non-tandem parking spaces. The parking structure shall not exceed five levels with one level of subterranean parking, one level of at grade parking, and four levels of above-grade parking. The parking structure shall not exceed a Building Height of 38 feet. This height limit shall not preclude the installation of solar panels to attain sustainable goals for the municipal pool. The Structure shall have one entrance and exit from 17s' Street at Pico Boulevard. The structure shall have no exit onto 16"' Street. The project plans for Parking Structure A and Parking Structure C are those certain Project Plans dated June 19, 1989 (include renderings) prepared by Conrad Associates (as the same maybe amended from time to time in accordance with the terms ofthis Agreement) which set forth the basic guidelines and scope for thedevelopment ofthese parking structures. -The City shall maintain a copy ofthese project plans. 3. As more fully described in Subsection C of this Section, Parking Structure B Replacement shall be constructed on the site of the existing municipal pool and shall have a new driveway access to and from the Pico Boulevard entrance at 17~h Street in addition to secondary access through the existing Parking Structure C. The Parking Structure B Replacement shall not exceed five levels, including one level of subterranean pazking, one level of at grade parking, and three levels above the grade level. The parking structure shall connect to Parking Structure C and shall not exceed 30 feet above average natural grade. ("Average Natural Grade" shall have the meaning set forth in Santa Monica Municipal Code Section 9.04.02.030.350 which is in effect on the Effective Date ofthis Agreement and is attached as Exhibit J.) This addition shall contain n'. , approximately 165,000 square feet of floor area, and provide approximately 240 full size, 21 American with Disabilities Act ("ADA") compliant, and 225 compact non-tandem parking spaces. Two ofthe handicapped spaces and 17 of the full size spaces will be located on a surface lot directly adjacent to the east end of the parking structure, which is accessible only from the parking structure itself. 4. The Total Floor Area of the three parking structures described in Paragraphs 1, 2, and 3 shall not exceed 605,000 square feet. 5. Vehicular andPedestrian Access and Circulation. Standard size parking spaces shall be at least 8.5 feet wide by 18 feet. Compact parking spaces shall be at least 7.5 feet wide by 15 feet. Parking Structure A and Parking Structure B shall have ingress and egress from. several locations on the Property as described on Exhibit B. Parking Structure B Replacement shall have ingress and egress as shown on Exhibits Gl and G2. B. Municipal Pool Facility. 1. Princi au 1 Components ofMunicinal Pool Facility. The Municipal Pool Facility shall be constructed in the open space area that fronts 16th Street on the site of the former Parking Structure B, currently referred to as Parking Lot 8, and on the site of the landscape area located adjacent to Parking Structure C and the 16`h Street curbline. Construction of the project will consist of a 50 meter (164 feet) by 75 feet competition pool, an approximately 96 feet by 75 feet instructional and recreational pool, an approximately 1,500 square-foot pool equipment building, an approximately 2,200 square foot pool storage and equipment building and an approximately 7,500 square foot aquatic building, which includes the following uses: pool locker rooms; lifeguard, pool 10 supervisors, and registration offices; a first aid room; a viewing deck and staff locker room; an instructional/training room; and a coach/competitor team office. 2. Location of Municipal Pool Improvements. Exhibit D shows the location of the municipal pool and all related pool improvements. In general terms, the competition pool will be located to the west of Parking Structure C on the southern part of the site. The instructional and recreational pool will be located to the south of Parking Structure A on the northern part of the site. The aquatic building will be located between the competition and instructional and recreational pools. The pool storage and equipment areas will be placed in two separate locations on the project site as follows: at the northeast corner of the site, immediately adjacent to Parking Structure A and to the south of the competition pool near the southwest corner of Parking Structure. C. The pool storage and equipment areas will consist of enclosed areas bounded by fences, not to exceed 12 feet in height above. existing grade and measured at a continuum at every point along the wall. 3. MaximumHeiehtofMunicipalPoolImprovements. The maximum heightofthe aquatic building will be 28 feet above. average natural grade. ("Average Natural Grade" shall have the meaning set forth in Santa Monica Municipal Code Section 9.04.02.030.350 which is in effect on the Effective Date of this Agreement.) The height of the pool storage and equipment areas will not exceed 12 feet above average natural grade. A sound wall, not to exceed 18 feet in height above existing grade and measured at a continuum at every point along the wall, will be constructed around the site, extending from the northwest corner ofthe site, adj acent to the proposed pedestrian entrance area, along the western site boundary between the instructional and recreational pool, aquatic building and the street. 11 4. AnnrovalofSchematicDrawings. TheCityherebyapprovesSchematicDrawings prepared by Killefer Flammang Purtill Architects, dated November 11, 1998, which delineate the new Municipal Pool Facility to be constructed, including; without limitation, those principal components of which are set forth in Paragraph 3, Subparagraph B. The Schematic Drawings shall also include, without limitation,. a landscape plan for the Municipal Pool Facility. The City and the District shall maintain a complete copy ofthe Schematic Drawings stamped "Approved" by the City The Schematic Drawings shall be a half-size set. Further detailed plans for the Municipal Pool Facility, including, without limitation, structural plans and working drawings shall be developed by the City subsequent to the Effective Date based upon the Schematic Drawings. Minor modifications to the Schematic Drawings may be made by the City upon written administrative approval of the Planning Director without the necessity of amending this Agreement. A significant change in the approved concept shall only be undertaken after amendment of this Agreement. 5. Municipal Pool Facility Access, Parking, Circulation and Setbacks. Access and circulation for the Municipal Pool facility shall be in accordance with the .description which is attached as Exhibit D.1 and the plans which are attached as Exhibit D.2 to this Agreement. The parking for the Municipal Pool Facility shall be allowed by permit in either Parking Structure A or Parking Structure C, to be accessed via the campus entrance at Pico Boulevard. The precise locations for pool parking shall be established by a Joint Operating Agreement to be entered into between the City and the District subsequent to the effective date of this Agreement: Pool users with permits shall be allowed to park free of charge both during weekdays and on weekends. In addition to the ten handicapped spaces currently provided in Parking Structure C, the District shall provide another four ground level handicapped spaces. These handicapped spaces shall be located in 12 a~f (1 Parking Structure C along the western face of the structure and shall be available during all hours that the Municipal Pool Facility is open. The District shall also designate a minimum of 24 additional spaces which will be available to pool users during peak hours (3:30-5:30 p.m. on weekdays and Saturdays). The 24 pool spaces will be located in either Parking Structure A or Parking Structure C. The precise locations shall be established by the Joint Operating Agreement. to be entered into between the City and the District. C. Parking Structure. B Replacement. 1. Principal Components of Parkine Structure B Replacement. The Replacement Parking Structure B shall be constructed immediately adj acent to the east side ofthe existing Parking Structure C. This site is currently occupied by the original municipal podl, which will be replaced by the new Municipal Pool Facility at the 16`h Street edge of the campus, as permitted by the Development Agreement. The construction ofthe new Municipal Pool Facility at a different location on the campus will allow the construction of the project to proceed on the original pool site. The Parking Structure B Replacement will be constructed with three above grade levels of parking, one at grade level, and,one basement level. The number of spaces at each level will be as follows: 92 spaces at the below grade level, 106 spaces at the grade level (of which nineteen are located on the adjacent surface lot), 94 spaces at level two, 94 spaces at level three, and 100 parking spaces at the roof level, for a total of 486 spaces. The gross floor area of the project shall not exceed 165,000 square feet. The height of the structure shall be no more than 30 feet above average natural grade, and will match the height ofthe existing parking Structure C. The Parking Structure B Replacement will be accessed via a driveway that leads from Pico Boulevard at the 17"'Street entrance to the campus entering the new parking structure on the north side of the building. The structure can also 13 Vii!:, i9 be accessed via ramps connecting to the existing Parking Structure C, and thus utilize the existing accessway from Parking Structure C that passes in front ofthe new Municipal Pool Facility. Exhibit G describes the site plan and location of the proj ect. 2. Maximum Heieht of Structure B Replacement. The maximum height of the replacement parking structure will be 30 feet above average natural grade. 3. Apnroval of Schematic Drawings for Structure B Replacement. The City hereby approves Schematic Drawings prepared by Gensler Architects, dated June 14, 2000 which describe the new parking Structure B Replacement to be constructed, including, without limitation, those principal components of which are set forth in paragraph 3, Subparagraph C. The Schematic Drawings shall also include without limitation, a landscape plan for the Parking Structure B Replacement and the area surrounding the entrance driveway. The City and the District shall maintain a complete copy of the schematic drawings stamped "approved" by the City. The Schematic Drawings shall be a half-size set. Further detailed plans for Parking Structure B Replacement, based on these schematic drawings, including, without limitation, structural plans and working drawings, shall be developed by the College subsequent to the Effective date of this Agreement. Minor modifcations to the schematic drawings may be made by the College upon written administrative approval of the Planning Director without the necessity of amending this Agreement. A minor modification shall be defined as a design modification that does not increase the height of the building, does not add to the number of stories, does not change access and vehicular circulation or landscaping requirements, does not decrease the number ofparking spaces by more than 10, does not alter the aisle width or increase the ratio of compact to standard parking spaces and does not alter the footprint of the building provided that the overall square footage for 14 1!.'4 V1 the three parking structures together does not exceed 605,000 square feet. A significant change in the approved concept shall only be undertaken after the amendment of this Agreement. 4. Structure B Replacement Access Parkine and Circulation. Access and circulation for the Parking Structure B Replacement shall be in accordance with the description that is attached as Exhibit G.1, and the plans which are attached as Exhibit G.2 to this Agreement. 5. Existing Municipal Pool Demolition. The .District shall have the. sole responsibility, at its own cost and expense, to demolish the existing municipal pool and to remove all materials from the site. More specifically, the District shall secure any and all required services, labor, materials, equipments, permits and transportation to complete the demolition ofthe municipal pool structures and improvements. Additionally, the District shall procure any and all required services, labor, materials, equipment, permits, and transportation to be performed to complete the investigation,characterization, remediation, handling and/or abatement of asbestos, lead, or other Hazardous Materials, substances, or contaminants. All costs associated with the demolition, abatement and remediation on or under the municipal pool site, including but not limited to contractors, transportation, landfill dumping or other waste management charges and permit fees shall be the responsibility of the District. The following general provisions shall apply to the demolition and remediation of the municipal pool structures and improvements: (1) The District shall complete demolition during the time periods specified in Section SB of this Agreement. (2) The District shall notify the City twenty-one (21) days prior to the commencement of demolition to provide the City the opportunity to remove any furniture, fixtures 15 or equipment from the existing municipal pool that the City wishes to retain. After this twenty-one day notice period has lapsed, the District, at its sole cost and expense, shall remove and/or retain all furniture, fixtures, and equipment from the property. Such items may be used by the District, sold, or donated for re-use or transported off-site for disposal. (3) The District retains the right to salvage from the demolished facility and shall have the authority to assign these rights to another party such as the demolition contractor. (4) All of the municipal pool facilities and structures that will be demolished shall be exempt from the City's Landmark and Historic District Ordinance (Santa Monica Municipal Code Sections 9.36.010 et. sec .) ("Landmark Ordinance") at all times that the District is authorized to construct Parking Structure B Replacement pursuant to this Agreement. Neither the City's Landmark Commission, the City Council, nor any other City agency or official ,shall have jurisdiction to prevent, delay, impede, or otherwise obstruct demolition of the municipal facilities and structures based upon the City's Landmark Ordinance or any similar or related City measure designed to protect historic or architecturally significant structures. D. Landscaping. Landscaping requirements for the Project shall be as set forth in Exhibit B. 4. APPROVED USES. By the execution of this Agreement, the City specifically approves the use of Parking Structure A, Parking Structure C and Parking Structure B Replacement for College-related parking and for aquatic-related parking. The Joint Operating Agreement to be entered into between the. City and the District will address the joint use, operation of; and parking for the Municipal Pool Facility bythe-City and the District. Said agreement shall be consistent with the terms ofthis Agreement and will address hours 16 of operation, staffing requirements, permit parking regulations, maintenance, and other pool operation functions. 5. TIMING OF CONSTRUCTION. A. The City shall use its best efforts to commence construction of the Municipal Pool Facility by January 12, 2000, and to complete construction within twelve (12) months of the commencement of construction. However, nothing in this Agreement shall be construed to require the City to proceed with the construction of the Municipal Pool Facility and the failure of the City to proceed with construction of the Municipal Pool Facility shall not give rise to any liability, claim for damages or cause of action against the City. B. The District shall commence construction ofthe Parking Structure B Replacement within twelve months of the execution of this Agreement and shall complete construction of this parking structure and the 17~h street entranceto the campus from Pico Boulevard within eighteen months of the commencement of construction. The Planning Director in his or her discretion may extend the time for completion of construction of the Parking Structure B Replacement and the 17~' street entrance upon a showing of good cause by the District and upon such terms and conditions as the Planning Director deems appropriate. The construction ofParking Structure B Replacement and the reconstruction ofthe 17"'Street entrance. shall not prevent access to the new Municipal Pool Facility from Pico Boulevard. If necessary, Pico Boulevard access to the Municipal Pool Facility will be provided via Parking Structure A during the time that Parking Structure B Replacement and the 17~' Street entrance to the College are under construction. 17 ^i t'&:, 6. PROJECT MITIGATION MEASURES. To comply with applicable provisions of the. General Plan and to mitigate specific burdens upon the community resulting from construction of the Parking Structures and the Municipal Pool Facility, District agrees to undertake the mitigation measures serforth in Subparagraphs (A) through (G) relative to Parking Structure A and Parking Structure C and (I) of this Paragraph relative to Parking Structure B Replacement and the City and the District agree to undertake the mitigation measures set forth in Subparagraph (H) relative to the Municipal Pool Facility: A. Physical Miti ag tions. (1) Pavement treatments shall be applied to each Parking Structure to mitigate noise effects as follows: Pavement to be hand trowel finished with magnesium trowel. Finish shall be in rotarypattern to obtain sweated swirl fmish. Finish shall be subj ect to architect's approval. Medium broom finish at right angles to flow of traffic shall be acceptable alternate. (2) Exterior lighting of each Parking Structure shall be shielded and directed away from surrounding residential areas. (3) Openings on each level of the Parking Structures shall be designed to eliminate direct exterior penetration of headlights of vehicles within the Structures. No opening shall be allowed on the west wall of either Parking Structure on the second and third levels. (4) Materials used for the roofs and exterior facades of each Parking Structure shall be of a nonreflective nature. (5) District shall pay City one-fourth (1/4th) ofthe cost of acquisition and installation of traffic signal improvements at the intersection of Pico Boulevard and 16`s Street and for the left 18 ~ l Y turn signal at the extension of 17"' Street at Pico Boulevard, as may be required by the City, if in City's sole discretion it determines such signal improvements are needed. (6) Signage at the 16`h Street exit of Lot 4 shall indicate right-turns only. (7) The District shall reimburse the City for the cost of installing a raised center median divider along 16"' Street adjacent to the Lot Four Parking Structure exit that will physically prevent left turn exiting onto 16s' Street. B. Air Quality During Constmction. Equipment engines shall be kept in proper tune to reduce exhaust emissions. Such equipment shall not be operated during first or second stage smog alerts. During excavation, the site shall be watered at least twice daily to prevent excessive dust, and watering shall be increased during periods when wind speeds exceed 15 miles per hour. Mud and dirt shall be removed from the surrounding streets and publicly used sidewalks on a daily basis. C. Vehicle Alarm Plan. Prior to the issuance of a Certificate of Occupancy for either Structure, District shall submit a vehicle alarm plan for review and approval of the City Manager which shall address measures the District shall take to mitigate noise from vehicle. alarms within both Parking Structures. D. Water Conservation. (1) Automatic sprinklers shall be set to water landscaping during evening and early morning hours only so as to reduce excessive water requirements due to water loss by evaporation. (2) To the extent feasible, landscaping-shall consist ofdrought-resistant plants and the landscaping plans shall be subject to the approval of the Environmental and Public Works Management Department as to the water conservation features of such landscaping. 19 E. Impacts on Traffic and Neighborhood During Construction. (1) 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. District shall maintain a staging area on the Property for use by construction firms and vehicles and shall design traffic patterns for construction vehicles, both on-site and off-site, in order to minimize the impact of construction activities on adjacent streets. Prior to the commencement of construction bidding, District shall prepare a constructionperiod mitigationplan which shall implement the items specified in this paragraph and which shall address construction hours, noise mitigation, and the location of construction staging areas. District shall submit such construction period mitigation plan to the Environmental and Public Works Management Department for review. and approval. In addition, District shall cooperate with the City's Environmental and Public Works Management Department in order to develop other mutually acceptable means for minimizing Project impacts. (2) District shall prepare a construction vehicle circulation and daily use plan that . specifies the proposed construction routes, hours, and dates, and indicates the manner by which the. College will reasonably seek to minimize noise, vehicle, and related impacts caused by construction activities. Said plan shall identify one or more designated individuals who will be responsible for coordinating and monitoring the construction vehicle circulation use plan and who will also be available during normal office hours to respond to neighborhood resident complaints regarding construction vehicles. District shall mail a copy of said plan to all current property owners and tenants residing within a 100 foot radius of the College campus boundaries. A copy of the construction vehicle plan shall also be published at least once in a local daily newspaper. 20 ~; C i; E Ener~y Conservation. Each Parking Structure in the Project shall comply with all provisions of Title 24 of the California Administrative Code relating to energy conservation. G. Accessibility. The Project's disability accessibility requirements shall be as determined by the Office of the State Architect's Access Compliance Department. H. Municipal Pool Facility Impact Mitieations To mitigate specific impacts resulting from the development ofthe Municipal Pool Facility, the City and the District agree to perform the prof ect mitigation measures itemized in Exhibit E attached hereto, in accordance with the timetable set forth in Exhibit E, which is incorporated herein by reference. I. Municipal Pool Facility Standard Conditions. The constmction and operation of the Municipal Pool Facility shall also be undertaken in accordance with the conditions set forth in Exhibit F, attached hereto. J. Parkine Structure B Replacement Impact Mitieations To mitigate specific impacts resulting from- the development of the Parking Structure B Replacement, the District agrees to perform the project mitigation measures itemized in Exhibit H attached hereto, in accordance with the timetable set forth in Exhibit H, which is incorporated herein by reference. K. Parkine Structure B Replacement Standard Conditions. The construction and operation of Parking Structure B Replacement shall also be undertaken in accordance. with the conditions set forth in Exhibit I, attached hereto. 7. ENVIRONMENTAL AND PUBLIC WORKS DEPARTMENT REQUIREMENTS. The District shall comply with all requirements of the City's Environmental and Public Works Department as enumerated in Exhibit C. Nothing in this Agreement is intended to exempt 21 the Project from compliance with current or future requirements of the Environmental and Public Works Department to which the District would otherwise be subject, and which are applicable to other improvements within the City on the date any such future requirement is placed into effect in the City. 8. CHANGES TO PARKING STRUCTURE A AND PARKING STRUCTURE C NOT REOUIILING AMENDMENT OF DEVELOPMENT AGREEMENT. If District desires to make any of the following changes to Parking Structure A and Parking Structure C, District shall do so in accordance with the provisions of this Section. If District desires to make any other changes to these structures, an amendment of this Agreement shall be required. A. Upon approval of the Zoning Administrator, District may, without amending this Agreement: (i) increase the Floor Area of either Parking Structure above the respective Floor Areas set forth in Section 3 above, by an amount not greater than 15,000 square feet for either Structure, provided that the total Floor Area of the Project shall not exceed 440,000 square feet; (ii) relocate the driveway accesses to the Proj ect by not more than 5 feet if approved by the City's Environmental and Public Works Management Department; or (iii) relocate the exterior walls of any building by a distance of not more than 4 feet. B. District shall file an application with the Zoning Administrator on a form approved by the Zoning Administrator which shall require District to specify the specific changes being requested and to attach plans describing such changes. C. The fee for any such application shall be equal to the fee then established by resolution for development review permit applications. 22 D. The Zoning Administrator may approve or conditionally approve the application if he or she finds that the changes applied for will not adversely affect the compatibility of the Project with the surrounding neighborhood and are harmonious with the overall scheme of development of the Project. E. A Statement of Official Action shall be issued by the Zoning Administrator promptly following his or her decision stating the decision and findings in support thereof. 9. EFFECT OF AGREEMENT ON LAND USE REGULATIONS: The following development standards and restrictions set forth in this Section govern the use and development of the Parking Structure B Replacement and shall constitute the Applicable Rules, except as otherwise provided herein. 9.1 Defined Terms. 9.1.1 For purposes of this Section 9, the following terms shall have the meanings set forth below: 9.1.1(a) "Existing Regulations"collectivelymeansallofthefollowingwhich are in force and effect as of the Effective Date: (i) the General Plan (including, without limitation, the LUCE) and (ii) any and all ordinances, rules, regulations; standards, specifications and official policies of the City governing; regulating or affecting the demolition, grading, design, development, construction, occupancy or use of buildings and improvements or any exactions therefor. 9.1.1(b) "Subsequent Code Changes"collectivelymeansallofthefollowing 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 23 ,;?„ c:; City, by the people of the City through charter amendment, referendum, initiative or other ballot measure, or by any other method or procedure: (i) any amendments, revisions, additions or deletions to the Existing Regulations or (ii) new codes, ordinances, rules, regulations, standards, specifications and official policies of the City governing or affecting the grading; design,. development, construction, occupancy or use ofbuildings or improvements or any exactions therefor. "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. 9.2 Development Standards. Except. as provided in this Section 9.2, 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. Any provisions of the Existing Regulations inconsistent with the provisions ofthis 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. The Project shall be exempt from: (a) all discretionary acts or review by the City or any body or agency thereof, other than architectural review as specified in Section 9.7, it being understood that any subsequent review shall be ministerial and (b) the application of any subsequent local development or building moratoria, development or building rationing systems or other restrictions on development ("Building Moratoria") which would adversely affect the rate, timing, or phasing of construction of the Project. 9.2.1 This Agreement shall not prevent the City from applying the following Subsequent Code Changes to the development: 24 i1(.;~U 9.2.1(a) Processing fees and charges imposed by the city to cover the estimated actual costs to City ofprocessing applications for development approvals, for monitoring compliance with any development approvals, or for monitoring compliance with environmental impact mitigation measures; 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. 9.2.1(b) General or special taxes, including, but not limited to, property taxes, sales taxes, parcel taxes, transient occupancy taxes, business taxes, to the extent that such taxes may otherwise lawfully be applied to the Property or to businesses occupying the Property, provided, however, that the tax is of general applicability City-wide and does not burden the Property disproportionately to other institutional, commercial office or retail development within the City. 9.2.1(c) 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 City on all matters, do not result in any unreasonable decision- making delays and do not affect the substantive findings established in this Agreement. 9.2.1(d) Regulations which do not impair the rights and approvals granted to the District in this Agreement. 9.2.1(e) Any City regulations to whichthe District has consented in writing. 9.2.2 This Agreement shall not be construed to prevent the City from applying new rules, regulations and policies in such circumstances as are specified in Government Code Section 65866. 9.2.3 In the event that state or federal laws or regulations, enacted after this Agreement is executed, prevent orpreclude compliance with one or more ofthe provisions ofthis Agreement, such 25 !) '~' J . provisions of this Agreement shall be modified or suspended as may be 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. 9.3 The development standards and procedures in Section 3 shall also govern the development of the property and shall be part of the applicable rules. 9.4 Prior to the Effective Date, the City and the District shall use reasonable efforts to identify, assemble,-and copy three identical sets of the Applicable Rules for the City and the District so that if it becomes necessary in the future to refer to any of the Applicable Rules, there will be a common set of these rules available to all parties. 9.5 The development standards and restrictions set forth in this Section shall also govern the use and development of the Municipal Pool Facility and shall constitute the Applicable Rules, except as otherwise provided herein. Notwithstanding-the preceding sentence, fof purposes of the Municipal Pool Facility, "Existing Regulations" collectively means all of the following which are in force and effect as of January 12, 1999: (i) the General Plan (including, without limitation, the LUCE) and (ii) any and all ordinances, rules, regulations, standards, specifications and official policies ofthe City governing, regulating or affecting the demolition, grading, design, development, construction, occupancy or use of buildings and improvements or any exactions therefor. 9.6 Nothing herein shalLprevent City, in subsequent actions applicable to the Property: (a) from applying new rules, regulations, and policies which do not conflict with Existing Regulations, or (b) from denying or conditionally approving any subsequent development project application relating to the Property on the basis of such new rules, regulations, and policies. 26 ..JL. In the event of fire or other casualty, requiring reconstruction of more than fifty percent (50%) of any building previously constructed hereunder, nothing herein shall prevent City from applying to such reconstruction all requirements of City's Building Code and other construction - related standards and specifications then in effect. 9.7. The design features, signage, and landscaping plan for the Project will be reviewed and approved, or conditionally approved, by City's Architectural Review Board ("ARB") in accordance with design review procedures in effect under Existing Regulations. Except for design features, signage, and landscaping, such review shall not include any other aspect of the Project which has been specifically approved by this Agreement such as siting, building mass, or density. 9.8. City and District acknowledge that the provisions of this Agreement are intended to implement the intent of the parties that District has the right to develop the three Parking Structures specified in this Agreement, Parking Structure A, Parking Structure C, and Parking Structure B Replacement. The City has the right to control development ofthese structures pursuant to specified and known standards and rules as delineated in this Agreement. The City shall have the right to develop the Municipal Pool Facility pursuant to the terms of this Agreement. This Agreement shall not be deemed to restrict any right of the City or the District, as governmental entities, to act in accordance with their powers, duties, and obligations. The Municipal Pool Facility will be constructed, in part, on the site of Parking Lot 8 which currently provides 96 surface level parking spaces. This parking lot is located on the site of former Parking Structure B. Parking Structure B consisted of four levels above-grade and contained 374 parking spaces. This Parking Structure incurred significant structural damage due to the Northridge Earthquake and was subsequently demolished. The City supports the construction of a replacement 27 n;`:t: . parking structure on the College campus within the next five years which would contain a minimum of 374 spaces. The actual replacement parking structure would be subject to City discretionary review and approval after a complete environmentalanalysis has been conducted in accordance with the California Environmental Quality Act, California Public Resources Code Sections 21000 et seq. ("CEQA"), and City standards. 9.9 City shall not be entitled to impose any mitigation measures or fees in lieu thereof for impacts caused by development of the Project other than as set forth in this Agreement. 10. CERTIFICATES OF OCCUPANCY. Upon completion of Parking Structure B Replacement constructed under this Agreement, and other applicable agreements between City and District, the District shall be responsible for obtaining from OSA a Certificate of Occupancy therefor. 11: ENFORCEMENT• PERIODIC REVIEW OF COMPLIANCE WITH AGREEMENT. 11.1 City Review. The City shall review this Agreement at least once every twelve (12) month period during the Term of this Agreement in accordance with this Article 11. At the commencement of each Periodic Review, the City shall notify the District in writing that said Periodic Review is or has been commenced. 11.2 Required Findings. During each periodic review by the City, the District shall be required to demonstrate good faith compliance with the terms of this Agreement. In connection therewith, on or before July 1 st of 28 ;l i '. L, each calendar year during the Term of this Agreement, beginning with August 1, 2001, the District shall provide a written report to the City in which the chief executive officer of the District certifies good faith compliance by the District with the terms of this Agreement during the prior calendar year, except for those areas ofnon-compliance which are specifically set forth in the written report and which contain the reasons advanced by the District for non-compliance. If, as a result of such periodic review, the City finds and determines, on the basis of substantial evidence, that the District has not complied in good faith with the terms or conditions of this Agreement, the City may commence proceedings to terminate this Agreement pursuant to Section 12. 11.3 Evidence of Good Faith Compliance. Evidence of good faith compliance by the District under Section 11.2 may include, but is not necessarily limited to, the following: 11.3.1 Conformance by the District with the requirements of the Existing Regulations, except as otherwise modified by this Agreement. 11.3.2 Conformance by the District with the terms and conditions ofthis Agreement. 11.3.3 The existence of any Excusable Delays specified by this Agreement which prevented or delayed the timely performance by the District of any of its obligations under this Agreement. 11.4. Failure ofPeriodic Review. The City's failure to review at least annually compliance by the District 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. 29 „ - ~- ._ 12. DEFAULT AND REMEDIES. 12.1 Notice and Cure: 12.1.1 In the event of failure by either party hereto substantially to perform any term, covenant or condition of this Agreement which is required omits part to be performed ("Default"), 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 17 by registered or certified mail, return receipt requested, identifying with specificity the nature ofthe alleged Default and the manner in which the alleged Default may satisfactorily be cured ("Notice of Default"). 12.1.2 In the case of a monetary Default by the District, the District shall promptly commence to cure the identified Default and shall complete the cure of such Default within ten (10) business days after receipt by the District of the Notice of 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. The thirty (30) day cure period for anon-monetary Default shall be extended as is reasonably necessary to remedy such Default, provided that the alleged. defaulting party commences such cure promptly after receiving the Notice ofDefault and continuously and diligently pursues such remedy at all times until-such Default is cured. 12.2 Remedies for Monetary befault. 12.2.1 In the event of Default by the District in the performance of any of its monetary obligations under this Agreement which remains uncured (a) ten (10) business days after receipt by the District of awritten-notice of default from the City, the City shall have available any 30 n :~;,d right or remedy provided in this Agreement, 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. 12.2.2 In the event of a monetary Default by the District, the City shall not be required to comply with the procedures in Section 12.4. 12.3 RemediesTor Non-Monetary Default. 12.3.1 In the event ofnon-monetary Default by either party hereunder which remains uncured: (a) after expiration of all applicable notice and cure periods, the non-defaulting party shall have available any right or remedy provided in this Agreement, or provided 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. 12.3.2 Due to the size, nature and scope of the Project and the fact that it will not be practical or possible to restore the Property to its condition as of the date of this Agreement once implementation of this Agreement has begun, the District may be foreclosed from other choices it may have had to use the Property or portions. Additionally, the District 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 the District aclrnowledge that money damages and remedies at law generally are inadequate and that specific performance is an appropriate remedy for the enforcement ofthis Agreement. Therefore, the remedy of specific performance shall be available to both the City and the District under this Agreement in the event of anon-monetary Default. 31 nt;r,'° 12.3.3 The City and the District hereby stipulate that the District 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 Agreemenf. Nothing in this Section 12.3.3, however, is intended to alter the evidentiary standard or the standard ofreview applicable to any action of, or approval by, the City pursuant to this Agreement or with respect to the Project. 12.3.4 It is acknowledged by the District that the City would not have entered into this Agreement if it 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 22 and court costs, City shall not be liable in damages to the District, and the District covenants on behalf of itself and its successors in interest not to sue for or claim any damages: 12.3.4(a) for any non-monetary Default of, or which arises out of, this Agreement; I2.3.4(b) for the taking, impairment or restriction of any right or interest conveyed or provided hereunder or pursuant hereto; or 12.3.4(c) arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. 12.3 S .The City and the District agree that the provisions of Section 12:3.4 do not apply if the City has maliciously disregarded the terms of this Agreement and further agree that the provisions of section 12.3.4 do not limit the liability of the City, if any, for damages which: 32 n:. (~: , 12.3.5 (a) are not for anon-monetary Default of this Agreement or which do not arise under this Agreement; 12.3.5(b) are not with respect to any right or interest conveyed or provided hereunder or pursuant hereto; and 12.3.5(c) do not arise out of or which are not connected with any dispute, cohtroversy or issue regarding the application, interpretation or effect of the provisions of this Agreement to, or the application of, any City rules, regulations or official policies. 12.3.6 Except as provided in Section 12.3.4, the provisions of this Section 12.3 shall not limit any other rights, remedies, or causes of action that either the City or the District may have at law or equity. 12.3.7 Notwithstanding any provisions of this Section 12.3 to the contrary, the City shall be required to comply with the procedures in Section 12.4 in the event that the City desires to terminate or modify this Agreement as a result of anon-monetary Default by the District under this Agreement. In such event, however, the City shall not be required to comply with Sections 12.1.1 and 12.1.2, inasmuch as comparable notice and cure provisions are provided in Section 11.4. 12.4 Termination of Agreement by City. 12.4.1 In the event that (a) the City finds and determines pursuant to Section 11.1, on the basis of substantial evidence, that the District has not been in good faith compliance with the terms and conditions of this Agreement or (b) the City finds and determines that there has been anon-monetary Default by the District of its obligations under this Agreement, the City may commence proceedings to terminate or modify this Agreement pursuant to this Section 12.4. 33 12.4.2 The procedures for termination or modification of this Agreementby the City for the grounds set forth in Section 12.4.1 are as follows: 12.4.2(a) The City shall provide a written notice to the District of its intention to terminate or modify this Agreement unless the District cures or corrects the acts or omissions that constitute the basis of such determinations by the City ("Hearing Notice"). The Hearing Notice shall be delivered by the City to the District in accordance with Section 18 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 modificatiomof this Agreement. The public hearing shall not be held earlier than: thirty-one (31) days after delivery of the Hearing Notice to the District: 12.4.2(b) If, following the conclusion of the public hearing, the City Council: (i) determines that the District 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 11.1, as applicable and (ii) further determines that the District has not cured the acts or omissions that constitute the basis of the determination under subsection (i) or, if those acts or omissions could not be reasonably remedied prior to the public hearing, that the Districthas 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 the District mutually acknowledge and agree that the City cannot unilaterally modify the provisions of this Agreement pursuant to this section 12.4 and that any such modification requires the consent of the District. In the event that the District does not consent to a modification submitted by the City pursuant to this Section 12.4, the City Council may elect to terminate this Agreement. 34 - ~ r i~ 12.5 Cessation of Rights and Obligations. If this Agreement is terminated on account of a Default, the rights, duties and obligations ofthe parties hereunder shall cease as ofthe 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. 12.6 Completion of improvements. Notwithstanding the provisions of Sections 12.3 through 12.5, and except as provided in Section SB, if prior to termination ofthis Agreement, either party has performed substantial work and incurred substantial liabilities in good faith reliance upon a building permit, then that party shall have acquired a vested right to: complete construction of the building in accordance with the terms of the building permit and occupy or use such building upon completion for the use(s) permitted for that building as delineated in Section 4. Any building 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. 13. NOTICE OF TERMINATION. Upon termination. of this Agreement, the parties hereto shall execute an appropriate notice of termination suitable for recording in the official Records of Los Angeles County. 35 14. DURATION OF AGREEMENT. This Agreement shall expire on December 31, 2014. After expiration or full satisfaction the parties shall execute an appropriate certificate oftermination which shall be recorded in the official Records of Los Angeles County. 15: SUPERSEDURE BY SUBSEQUENT LAWS. If any agency otherthan Citypasses any law or regulation ("Law") after the date of this Agreement which prevents or precludes compliance with one or more provisions of this Agreement, then the parties shall meet and confer in good faith to determine the feasibility of modifying or suspending one or more provisions of this Agreement to comply with such new Law based on the effect such modification or suspension would have on the purposes and intent of this Agreement. In addition, District shall have the right to challenge the new Law preventing compliance with the teens of this Agreement, and, in the event such challenge is successful, this Agreement shall remain unmodified and in full force and effect. 16: NOTICES. Any notice, demand, request, consent, approval, or communication which either party is required to or may give to the other hereunder shall be in writing and shall be delivered or addressed to the other at the address below set forth or to such other address as either party may from time to time direct by written notice given in the manner herein prescribed, and such notice or communication shall be deemed to have been given or made when communicated by personal delivery or by independent courier service or by facsimile; or if by mail, on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. 36 _;,~:~-; All notices, demands, requests, consents, approvals, or communications from District to City shall be addressed to City at: City of Santa Monica 1685 Main Street, Room 209 Santa Monica, California 90401 Attention: City Manager With Copies to: Santa Monica City Attorney's Office 1685 Main Street, Third Floor Santa Monica, California 90401 Attention: City Attorney And to: Community and Cultural Services 1685 Main Street, Room 210 Santa Monica, California 90401 Attention: Director And to: Planning and Community Development Department 1685 Main Street, Room 212 Santa Monica, California 90401 Attention: Director All notices, demands, requests, consents, approvals, or communications from City to District shall be addressed to District at: Santa Monica Community College District Office of the Superintendent and President 1900 Pico Boulevard Santa Monica, California 90405 Attention: Superintendent and President, URGENT With copies to: Business Services Santa Monica College 1900 Pico Boulevard Santa Monica, Califomia 90405 Attention: Deputy Superintendent 37 i1 _:U.J 17. INDEMNIFICATION A. Except as provided in Subsection C of this Paragraph 18, City shall have no liability of any kind whatsoever for, in connection with, or as a result of the Project; or any portion of the Property, or the condition thereof, or the ownership or operation thereof, or any act or occurrence that occurs thereat or in connection therewith, at any time during the term of this Agreement, whether for any damage or injury to any persons whatsoever or to any property of District or of any other person for any reason whatsoever, including without limitation, those occasioned by or arising from: 1. The demolition of existing buildings, if any, or the construction, operation, or maintenance of the Project or any improvements upon any portion of the Property, or the condition of any portion of the Property. 2. Any conduct, act, or omission of City, its agents or employees except for any claim against City for any injury or damage to District or any other person which was caused by the active negligence or reckless or willful misconduct of City or any of its agents or employees, to the extent not covered by insurance. B. District agrees to indemnify, defend, and hold harmless, City, its City Council, boards and commissions, officers, agents, and employees from and against: (1) Any and all actions, causes of action, obligations, losses, liabilities, damages, injuries, claims, and demands of any kind whatsoever that may result from. any claim, assertion, or imposition against City by any person of any liability or claim therefor for any matter or of any kind as to which City is to have no liability as provided in subsection (a) of this Section, as well as all costs and 38 i'~I!f~r; expenses including, without limitation, attorneys' fees, relating thereto regardless of the merit or outcome thereof; (2) Any and all penalties, fines and prosecutions, suits for abatement of any public or private nuisance and the imposition against City of any liens, as well as any costs or expenses (including, without limitation, attorneys' fees) related to any such claims, penalties, fines, prosecutions, suits, and impositions, regardless of the merit or outcome thereof; which occur during or relate to-the term of this Agreement, and which arise out of District's operation, business, or any other acts or omissions of District with respect to any portion of the Property, or out of any use or occupancy of any portion of the Property by District or any other person during the term of this Agreement, or out of any condition of any portion of the Property during the term ofthis Agreement, or out of any default by District in the performance or observance of any obligation on District's part to be performed under this Agreement or out of any failure by District to comply with any legal requirements or applicable agreements or covenants with respect to any use, occupancy or condition on, of, or about any portion of the Property; provided, however, that City, its City Council, boards and commissions, officers, agents, and employees shall not be entitled to indemnification for damage caused to such indemnified party by reason of such indemnified party's own active negligence or willful act or willful omission. C. Indemnification by City. City hereby agrees to defend, indemnify, and hold harmless the District from and against any Claim arising directly or indirectly from or in any manner related to the City's construction, possession, occupancy or use of the Municipal Pool Facility pursuant to this Agreement or arising from or in any manner connected to the City's business, activities, 39 ~. ,. ~ ~ ;~~ c: ~ , operations, services or work conducted in, or about the Municipal Pool Facility, except as otherwise expressly stated herein. However, City shall not be required to indemnify the District where such Claim arises from the negligence of wrongful misconduct of the District or any of its board of directors, commissions, agents, employees and volunteers. The District shall promptly notify the City of any Claim and cooperate with the City in connection with the defense of such Claim. D. Survival of Paragraph. This Paragraph shall survive the expiration or earlier termination of this Agreement. 18. ENTIRE AGREEMENT: CONFLICTS. This Agreement represents the entire agreement of the parties. 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 the Existing Regulations, then the provisions of this Agreement shall prevail. 19. NO ORAL MODIFICATION. No statement, action, or agreement hereafter made shall be effective to change, amend, waive, modify, discharge, terminate or effect an abandonment ofthis Agreement in whole or in part unless such statement, action, or agreement is in writing and signed by the party against whom such change, amendment, waiver, modification, discharge, termination, or abandonment is sought to be enforced. 40 20. TIME. Time is of the essence for each provision of this Agreement of which time is an element. 21. SEVERABILITY~ INVALIDITY OF PARTICULAR PROVISIONS. If any term or provision of this Agreement or the application thereof fo any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder ofthis Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each other term and provision ofthis Agreement shall be valid and enforced to the fullest extentpermitted by law. 22. ATTORNEYS' FEES. Incase suit shall be brought because ofbreach or alleged breach of any covenant or condition herein contained onthe part ofDistrict or City to be kept or performed, the prevailing party shall be entitled to reasonable attorneys' fees in addition to court costs and any and all other costs recoverable in said action. Such attorneys' fees. shall be deemed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. In any case where this Agreement provides that either party is entitled. to recover its attorneys' fees from the other, the recovering party shall be entitled to recover an amount equal to the fair market value of services provided by attorneys who are employed by the recovering party as well as any attorneys' fees actually paid by the recoveringparty to third parties. The fair market value ofthe legalservices for public attorneys shall be determined by utilizing the prevailing billing rates of comparable private attorneys. 41 " (.! 23. EXHIBITS. All exhibits attached hereto and/or referred to in this Agreement are incorporated herein as though set forth in full. 24. CONSTRUCTION: The parties agree that each party and its 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. 25. 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 for the benefit thereof and that the burdens and benefits thereof shall bind and enure 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 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. 26. NO PARTNERSHIP OR JOINT VENTURE. Nothing in this Agreement shall be deemed to create a partnership or joint venture between the City and the District. This Agreement shall not render either party liable in any manner for the debts or obligations of the other except as expressly provided herein. 42 27. 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 27. No delay or omission by either parry 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 parry 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. 28: AGREEMENT NOT FOR BENEFIT OF THIRD PARTIES. This Agreement is made and entered into for the sole protection and benefit of the City and the District and their respective successors and assigns. No other person shall have any right of action based upon any provisions of this Agreement. 29. GOVERNING LAW. This Agreement shall be governed exclusively by the provisions hereof and by the laws of the State of California. 30. VENUE. Any legal action or proceeding arising out ofthis 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 in the Central District of California. 43 l -~ 31. OTHER GOVERNMENTAL APPROVALS. The District 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 or quasi- governmental agencies having jurisdiction over the Property. The City shall not impede the District in its endeavors to obtain such permits and approvals. 32. COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and such counterparts shall constitute but one and the same instrument. 33. RECORDING OF AGREEMENT. The parties hereto shall cause this Agreement to be recorded in the Official Records of the Countyof Los Angeles. The cost, if any, of recording this Agreement shall be borne by District. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first above written. ATTEST: MARIA STEWART City Clerk CITY OF SANTA MONICA, a municipal corporation By SUSAN E. McCARTHY City Manager 44 '1~r,'ii APPROVED AS TO FORM: MARSHA JONES MOUTRIE City Attorney SANTA MONICA COMMUNITY COLLEGE DISTRICT BOARD OF TRUSTEES OF SANTA MONICA COMMUNITY COLLEGE DISTRICT By THOMASJ.DONNER Vice President of Business and Administration muni\contract\bar\pool3.wpd 45 ,, , .~ ?j EXHIBIT A PROPERTY DESCRIPTION 1. Parking Structure "A" shall be located on property commonly known as Santa Monica College parking lot #4, more particularly described as follows: All that real property in the City of Santa Monica in the County of Los Angeles, State of California, as shown in tract no. 12543, lots 1, 2, 15 and 16 of Block 44 of East Santa Monica, in said city, county and state, as per map recorded in Book 17, page 95. 2. Parking Structure "C" shall be located on property commonly known as Santa Monica College softball field, more particularly described as follows: All that real property in the City of Santa Monica, in the County of Los Angeles, State of Califomia, as shown in tract no. 12543, lots 3, 4, 13 and 14 of Block 44 of East Santa Monica, in said city, county and state, as per map recorded in Book 17, pages 95 through 98. 3. Parking Structure B Replacement shall be located on property commonly known as the Municipal Pool site ,more particularly described as follows: All the real property in the City of Santa Monica, in the Gounty of Los Angeles, State of Califomia, as shown in Tract No.12543, Blocks 44 and 45, lot 1, assessor's parcel number 4273-001-907. 4. The Municipal Pool Facility shall be located on nroperiy commonly known as Santa Monica College Parking Lot 8 and on the site of the landscape area located adjacent to parking Structure C and 124 feet from the 16~' Street curbline, more particularly described as follows: All that real progeny in the City of Santa Monica in the County of Los Angeles, State of California, as shown in tract no. 12543, lots 3, 4 and 5 of Block 44 of East Santa Monica, in said city, county and state, as per map recorded in Book 17, page 95. F:\PPD\SHARE\EII2TEIvIPS\SMCGarage\FINALDAExhibitA.doc ,~ ,~. ,'_ ='~ EXHIBIT B PROJECT DESCRIPTION, LANDSCAPING,.ANDARCHlTECTURAL REVIEW BOARD REQUIREMENTS Project Description The Santa Monica Community College District has proposed the development of the following three parking structures: Parking Structure A will be located as shown on the attached site plan exhibit. This site contained a surface parking lot that was removed to allow consfruction of a four story parking structure that will: a. Utilize the existing exit on 16"' Street as a right turn only exit, and the College will pursue with the City signalizing the intersection of 16"' Street and Pico Boulevard. The College will also pursue with the City, the establishment of a westbound left hand turn signal at the intersection of 17`h Street and Pico Boulevard. b: Include the establishment of a new right turn only exit on Pico Boulevard. Include the establishment of a new entrance on Pico Boulevard. c. Accommodate approximately 694 cars. d. Be connected to the existing parking structure Parking Structure C will be located as shown on the attached site plan exhibit. This site contained the college softball field and is located behind the Business Building. The structure will: a. Have a single entrancelexit from 17`" Street at Pico Boulevard and will contain no entrance/exit on 16`h Street. b. Accommodate approximately 844 cars and will include one level of below grade parking. The Municipal Pool Facility will be constructed in the open space area that fronts 16"' Street on the site of the former Parking Structure B, currently referred to as Surface Parking Lot 8, and on the site of the landscape area located adjacent to Parking Structure C and-the 16th Street curbline. ^ -~t'.i ~r The Parking Structure B Replacement will be located on the Municipal Pool site, located south of the technology building, east of Parking Structure C, and- north of the locker room. The structure will: Be connected by ramps at various levels with Structure C. 2. Be accessed via a driveway that leads from Pico Boulevard at the "17tH Street" entrance to the campus, and enters the new parking structure on the north side of the building. 3. Accommodate approximately 486 cars, and will include one level of below grade parking, and four levels of above grade parking. Landscapino Requirements The Santa Monica Community College District-and City of Santa Monica shall comply with the following lahdscaping requirements for all development authorized by this Development Agreement: 1. Prior to commencement of construction bidding for all parking structures or the Municipal Pool governed by the Development Agreement, ten (10) full size sets of landscaping drawings shall be submitted to the City's Architectural Review Board for review and approval 2. Landscaping materials, treatments, arid irrigation shall comply with Municipal Code Part 9.04.10.04 and the City's adopted Water Conservation Ordinance for any facility governed by the Amended Development Agreement, andlor the area surrounding the entrance to Parking Structure B Replacement 3. The College shall provide diligent effort where possible to preserve and/or relocate any mature trees that will need to be removed to permit any parking structure construction. The Santa Monica Community College District shall comply with the following landscaping requirements for the Development of Parking Structure B Replacement: The surface .parking lot east of the Parking Structure B Replacement which is included in this project must be landscaped with a minimum of ten percent of the total exterior paved area that accommodates vehicular traffic devoted to landscaped islands, peninsulas or medians distributed throughout the paved area. This ten percent requirement may be met by perimeter planting of a minimum of one tree for each one thousand two hundred square feet of paved area that accommodates vehicular traffic shall be provided and maintained. The landscaping plans shall be subject to Architectural Review Board approval. Architectural Review Board Requirements The Santa Monica Community College District and the City of Santa Monica shall comply with the Architectural Review requirements pursuant to Santa Monica Municipal Code Chapter 9.32, and as referenced in Exhibit F, Standard Cohditions. Prior to commencement of bidding for all parking structures or the Municipal Pool governed by the Development Agreement, ten (10) full size sets of design drawings shall be submitted to the City Planning Division for Architectural. Review Board review and approval. The Architectural Review Board shall carefully review all landscaping, building textures, colors, materials, surface and paving treatment, signage, lighting, and trash enclosures. F:\PPD\SHARE\EI RTEMPS\SMCGarage\FinaIDAExB.doc 3 _ __ r, r 1 c;. ____ 3 l~ EXHIBIT C ..Environmental and Public Works Management Requirements The following Environmental and Public Works Management requirements apply to Parking Structures A and C: 1. An easement shall be granted to the City for all handicapped access ramps which encroach beyond the limit of the public right of way. This includes an easement at the northwesterly corner of the property and easements on either side of both northerly driveways of Parking Structure A: 2. A hydrology report shall be prepared that at minimum shall address existing street capacity and indicate-the potential far flooding of those portions of the structure which are below grade. The report shall also address the change in .runoff from the site, indicate the points at which this rurioff will be discharged, and identify any changes to the existing flow conditions. If indicated by the hydrology study, a detention basin may be required on site. 3. Complete set of civil plans shall be submitted designating all off-site improvements. Based upon a previous inspection conducted by the Environmental and Public Works Management Department, the sidewalk on Pico Boulevard between 16`h Street and the easteth edge of Parking Structure A will require removal and replacement. Other off-site improvements may be required as a result of damage during construction. 4. All runoff from parking areas shall be collected and routed through an oil-water separator orother treatment process to be approved by the City, which will reduce the pollutants washing from the site into the storm drain. 5. Completed grading plans shall be submitted and shall include an erosion control plan. The following Environmental and Public Works Management requirements apply to construction of the Municipal Pool Facility only. 6. Prior to certificate of occupancy water flow calculations shall be prepared to evaluate the capacity of existing water mains at the locations for hook-ups to the .project.. Existing water mains which directly service the project shall be upgraded if the water flow calculations indicate. that the hook-up points for the project will cause such mains to receive greater demands than can be accommodated. 7. Southern California Edison Company and the Southern California Gas Company shall be consulted regarding any feasible energy conservation measures that could 1 (1 {? 1 i~~ be incorporated into the Project. 8. Photo-voltaic systems to generate electricity shall be designed and constructed if deemed feasible and cost-effective by the City. The following Environmental .and Public Works Management requirements apply to construction of the Municipal Pool Facility and the Parking Structure B Replacement: Before issuance of a building permit, the City shall approve a storage system for the on-site detention runoff or an alternate Best Management Practice (BMP) as defined ih the Urban Runoff Mitigation .Plan. To the extent possible, the detained stormwater will be distributed to landscaped areas, with any remainder eventually released into the existing City storm drain connections. All detained runoff, released into the City's facilities, will be released after passage of the system's peak flow. This storage system or alternate BMP shall be implemented prior to Certificate of Occupancy: 10. Before issuance of a building permit, plans for a stormwater filtering system shall be submitted subject to the approval of the City's Environmental and Public Works Management Department ("EPWM"). This stormwater filtering system shall be installed for large paved areas to reduce runoff contaminated by vehicle oil .and debrisfirom entering the storm drain system. 11: During construction and occupancy drain inlets at or adjacent to the site shall be constructed with oil, debris, and silt traps to reduce the level of pollutants such as oil, debris, and silt in stormwater runoff. Those traps shall be cleaned of debris annually or more frequently. 12. The Project shall comply with the requirements of a National Pollution Discharge Elimination System (NPDES} permit for storm water discharge and with guidance and policies of the Regional Water Quality Control Board, EPA, and local agencies. 13. The Project shall be built in conformance with the City's Urban Runoff Pollution Ordinance in effect on the Effective Date of the Development Agreement. 14. Additional sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of damage caused during construction of the Project shall be reconstructed to the satisfaction of EPWM as soon as practicable; and. in any event prior to certificate of occupancy. 15. Prior to certificate of occupancy storm water flow calculations shall be prepared to evaluate the capacity of existing storm water drain lines at the locations forhook- ups from the project.. Existing storm water drain lines which directly service the project shall be upgraded if the storm water flow calculations indicate that the hook- up points for the project will cause such drain lines to receive greater demands than 2 .~. ,, Ql i can be accommodated. Wherever possible water should flow across a surface prior to entry into the storm drain system. 16. Southern California Edison Company and the Southern California Gas Company shall be consulted regarding any feasible energy conservation measures that could be incorporated into the Project. 17. Efficient irrigation systems shall be installed to minimize runoff and evaporation and to maximize the proportion. of water available for plants in landscaped areas. 18. Drought-tolerant, low-water-consuming. plant varieties shall be used to reduce irrigation water consumption. The following Environmental and Public Works Management requirements apply to construction of the Parking Structure B Replacement only: 19. Southern California Edison Company shall be consulted regarding any feasible energy conservation measures that could be incorporated into the Project. 20. Photo-voltaic systems to generate electricity may be designed and constructed if deemed feasible and cost-effective by the City and the College. 21. Before issuance of a building permit the College shall submit Civil Engineering plans for approval that show the off-site improvements related to the driveway widening at the Pico entrance to the College, and the final on-site configuration of the driveway. These Plans shall include proposed relocation of the traffic signals, relocation and/or removal of the street tree and street lamp, indication of lane width, indicatiori of parking meters to be relocated so as not to lose parking spaces, orientation of sidewalk ramp towards crosswalk, location of new crosswalks and repair of Pico Streetscape pavement pattern. 22. Prior to the Certificate of Occupancy the College must complete all the off-site and street improvements related to the widening of the driveway and the impact on City equipment located of the intersection of the driveway and Pico Boulevard, except for the relocation of the traffic signals. The extent. of these. improvements will be determined after complete analysis of the civil plans to be submitted prior to issuance of a building permit. The improvements shall include but not be limited to the following: relocation of traffic meters, relocation or removal of street lights, relocation or removal of street trees, restriping of parking spaces and crosswalks, relocation of handicapped ramps, and the repainting of the red curb. 23. Before the issuance of a building permit College will pay the City a fee of $15,000 dollars for the relocation of the traffic signals at the intersection of the widened driveway and Pico Boulevard, and the City will do the construction at the appropriate-time prior to certificate of occupancy. If the cost of relocating the signals n..'., is greater than $15,000 the College shall pay the City the additional amount. If the cost of relocating the signals is less than $15,000, the City will reimburse the College the difference between $15,000 and the lesser amount of the actual cost. 24. The College must notify the City of the date of commencement of work on the driveway expansion three weeks in advance to allow for installation of the signals. The signals must be installed prior to the commencement of construction on the driveway. 25. Based on information determined from the off-site Civil plans, the City will remove and box-the City street tree, or relocate it per the requirements of DEPWM and the Community Forester. 26. Based on information determined from the off-site Civil plans the College willeither remove and return to the City, or relocate the street Tight and per the specifications of the DEPWM. 27. The College shall repair and replace the sidewalk per the specifications of the Pico Streetscape Plan. 28. The College shall complete installation of the planted median per the specifications of the DEPWM as agreed at the time that the Pico Streetscape improvements were installed. F:\PPD\SNAREIEIRTEMPS\SMCGarage\FINAL EXHIBIT C.doc 4 EXHIBIT D Santa Monica Municipal Pool D.1 Access and Circulation Description D.2 Access Diagram D.3 Site Plan D.4 Building Elevations f `~ ~~-~'- (i ,., ,.-a EXHIBIT D.1 MUNICIPAL POOL ACCESS AND CIRCULATION 1. Vehicle Access and Parking The only vehicle access from outside the college campus to the new Santa Monica Municipal Pool on the Santa Monica College site will be via the Santa Monica College entrance on Pico Boulevard and 17"' Street. This is one of several entrances to the college, but directly serves Parking Structure A, Parking Structure C and the Pool entrance. Vehicles will enter from Pico Boulevard ahd, once on the campus grounds, will proceed west, and enter either Parking Structure A, which is immediately to the west of the main entrance, or turn south past the Poof drop-off zone, in front of the public pool entrance, to Parking Structure C. Parking Structure C will have four handicapped spaces located at the structure's ground level west corner adjacent to the entrahce to the garage. 'Pool parking shall be permitted as specified in amended Paragraph 3.D.5. of the First Amendment. Vehicles exit Parking Structure A via the existing 16"' Street egress and right turn only exit, or via the Pico Boulevard exit. Vehicles exit Parking Structure C via the two-way exit atthe north side of the parking structure, which leads to the internal circulation drive, exiting on Pico Boulevard at the point of entry. There will be no additional access to or from 16'h Street other than the existing right turn only egress. from Parking Structure A. 2. Pedestrian Access and Circulation Pedestrians may access the Municipal Pool from a number of pedestrian access points on the Santa Monica College campus. However, it is envisioned that pedestrians from the immediate residential neighborhoods will walk along 16"' Street and enter the site from the pedestrian walkway at 16"' Street which proceeds past Parking Structure A, around the perimeter of the pool site, and enter the pool facility from the controlled public entry point at the center of the site's eastern boundary. This pedestrian entrance will be the main entrance point to the pool and will be controlled at all times the pool is open. Pedestrians walking from their cars parked in either Parking Structure A or C will use this entry. This entrance will be served by an elevator to take handicapped users from the ground level to the viewing deck. The entrance is at grade, and does not require a handicapped access ramp.. '~ ". _. Handicapped users will park at the four handicapped spaces at the north edge of Parking Structure C, from which they will be able to exit directly out of the building to a pool pathway, proceeding to the main entrance. There will be a secondary entrance at the south side of the pool, just west of Parking Structure C, closer to the existing locker rooms, for college users only. This access,will also be controlled by college staff when it is open, but will only be open during the hours which the College uses the pool 3. Bus Stops The primary bus stop that serves the pool will be the Pico Boulevard tius stop just east of 16'" Street. Team buses-for swim meets and events will make advance arrangements to park atone of the Santa Monica College surface parking lots, and will discharge passengers at the Santa Monica College Pico Boulevard frontage. As part of the Santa Monica College Masterplan, the College proposes to construct an addition to the eastern section of the existing Parking Structure C, over the area of the existing Municipal Pool site, that would include additional spaces as well as a new. primary entrance and exit at the eastern end of the structure. If this expansion should occur, the number of vehicles using the entrance and exit at the western end of the structure will be reduced, although it will remain a two way access as a secondary entrance, and will provide access between Parking Structures A and C. 3 _, > . ,. ,~' x_~_~ EXHIBIT D.2 VEHICLE AND PEDESTRIAN ACCESS AND CIRCULATION DIAGRAM -d .,. ~ ., ._ .a >~ .~.~--- ~ -__ LTT~` . ~. : ~ •~ ' I a a ~. ~ i a ,ii a~ .i. i. . ^-~ ~ : i , . - ~ % m r~ d. _ " _ sue,„ ~'a r- . ~ d ^ I \ I ~« ~. 4~ YY T~q I i i ~ ~ _ ! ~ . Yi . i t i ~~~ s ~ i t ~ ~- 'I ~: it i. ~p '~ ~ p ~: _; a , -~ ' ) w a .. ~ ~ . _ , ~~ ~ ~ .: z m ~ e -- .. ._ Ir^i ~ ^ ; i; ;; i ' : ~ E:: .: ~ ._~ . . ~,! .i ; ~ , ~ : . ~ Sao ~ Y # ~_ k~ 1 f:• ~~ w L~-O ~~I g _,a Y` v i EXHIBIT D.3 Site Plan Please See Exhibit G.3 ,..:; .,}. F:\PPD\SHARE\OPSPACEIMUNIP006exbibittlmunipool.wpd EXHIBIT D.4 ELEVATIONS 6 -, r ;) .~. w... ~-~- ~¢A lLLVn~rn .. d`'~. ~, ~ I=.+; .n ~~'~ ~6 3 EXHIBIT E PROJECT MITIGATION MEASURES TRAFFIC, ACCESS AND PARKING In order to accommodate the net parking increase due to increased usage, the college shall designate a minimum of 24 spaces which will be available to pool. users during peak hours (3:30-5:30 p.m. on weekdays and Saturdays) The 24 spaces shall be located in either Parking Structure A or C. The precise location shall be determined in the Joint Operating Agreement entered into between the City and the District. To discourage weekend pool users from parking on nearby residential streets, the City shall encourage weekend users to park in SMC off-street parking facilities through informational programs (bulletin board notices, mailer inserts, etc.). 3. The ninety-six parking spaces currently located on Parking Lot 8 which will be lost due to the construction of the Municipal Pool facility shall be replaced. Until October 31, 1999, these replacement spaces will be located at either the City's beach or airport lots. The specific requirements governing the use of the beach or airport lots, including parking location and schedule, shall be established in the Joint Operating Agreement. After October 31, _1999, the replacement spaces shall be provided on the College campus. 4. Information concerning appropriate bus routes shall be provided to swim team bus drivers in advance of any swim meets. Bus routes shall avoid residential streets to access the site. To minimize drop-off/pick-up activity along 16'h Street, team buses shall be required to drop-off/pick-up swim. meet participants along the Pico Boulevard frontage of the College. 5. To minimize the potential for weekend swim meet participants to .park on neighboring residential streets, access and parking information shall be included in all swim meet materials to direct participants to the proper parking location. 6. Arrangements shall be made with SMC to permit parking of weekend swim meet team buses in SMC surface parking tots. 7. If swim meets are proposed which will take place on a weekday while SMC is in session, a parking management plan shall be prepared prior to the event to ensure ' that sufficient off-street parking is available formeet participants. AIR QUALITY/CONSTRUCTION 8. Contractors shall use. water or other effective dust control measures to reduce fugitive dust emissions. 9. Frequent site clean-up near the access driveway shall be performed to prevent track-out of dirt that could be pulverized by passing cars. 10. During construction the maximum practical distance buffers between semi-stationary on-site equipment such as generators, compressors, etc. and the nearest pollution- sensitive uses at homes across 16"' Street and instructional class rooms shall be maintained, 11. Construction related soil disturbance activities shall be terminated during Santa Ana wind conditions, or use continuous watering for dust abatement. NOISE 12. A noise barrier of no more than 18 feet in heigh, measured from existing grade shall be constructed to break all lines-of-sight between the project site and residences to the west. In addition to.extending along the western boundary of the site, the barrier shall be located along the southern boundary. The pedestrian entrance shall be designed with either a bafBe (overlapped) panel or constructed to wrap around the northern edge of the side until no line-of--sight relationship remains to any residence west of 16"' Street. 13. No swim instructional activities involving the use of attention-getting devices such as whistles, bull-horns, shouting, etc. shall occurbefore 7 a.m. on weekdays or 8 a.m: on Saturday or Sunday. 14. Gates shall remain closed on swim meet days until 8 a.m. to deter early arrival or practice. 15. No amplified sound or music shall be used before 9 a.m. or after 7 p.m. unless use of such equipment can be demonstrated to be inaudible at the closest residences. f:\ppd\share\opspace\mu n ipool\Exh i bitE.wpd 2 ~,_ , EXHIBIT F MUNICIPAL POOL STANDARD CONDITIONS Plans. This approval is for those plans dated November 11, 1998 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 Architectural Review Board 2. Prior to consideration of the project by the Architectural Review Board, the applicant shat(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. 3. Prior to submittal ofiandscape plans for Architectural Review Board approval, the applicant shall contact the Department of Environmental and Public Works Management regarding urban runoff plans and calculations. 4. Construction period signage shall be subject to the approval of the Architectural Review Board. 5. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board. The Architectural Review Board, in its review, scale and articulation of design elemehts; exterior colors, textures and materials; window treatment; glazing; and landscaping. 7. Landscaping plans shall comply with Subchapter 5B (Landscaping. Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 8. 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. 1~ ;~ _~. ~.. ~ 3 9. Before submitting the Project to the Architectural Review Board. ("ARB"), -the landscaping plan shall. be prepared, including a street tree plan, by a licensed California landscape architect. Plants called for in the approved landscape plan that subsequently die shall be replaced on aone-for-one basis. Construction 10. Unless otherwise approved by the Department of Environmental and Public Works Management, all sidewalks shalt be kept clear and passable during the grading and construction phase of the project. 11. 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 td issuance of the building permits. 12. 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. 13. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code (Ord. 1242 CCS), per the 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. 14. All tree transplantation during the course of the Project shall be performed by a qualified arborist, landscape architect, or tree expert, to the City's satisfaction.. Trees that are to be reused on-site shall be boxed in appropriately-sized containers and temporarily relocated to protect them from physical injury. 15. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management prior to is- suance 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; .~ :~i h9 7) Specify the nature and extent of any dewatering and its effect on any adjacent buildings; 8) Describe anticipated contruction-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; 12) Describe constriction-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. A sign shall be posted on the properly 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. 17. The applicant shall insure any grafitti on the site is promptly removed through compliance with the City's grafitti removal program. 18. 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. 19. The City Engineer and all affected agencies shall approve any construction detours, construction work requiring encroachment into public rights-of-way, or any other street use activity (e.g., haul routes) during construction. 20. The hauling of dirt and demolition material and the delivery of construction material shell be prohibited during the afternoon peak traffic period. City streets affected by the Project construction, shall be cleaned as necessary. 21. Construction shall be scheduled and expedited to cause the least amount of disruption and interference to the adjacent vehicular and pedestrian traffic flow. 22. If human remains of Native American origins are encountered during the Project development, construction shall be immediately suspended, and the County Coroner's office and the Native American Heritage Commission shall be contacted to determine necessary procedures for protection and preservation of remains, including reburial at the City's expense. 23. Ih the event that cultural/archaeological resources are encountered on the project .site during the course of Project construction, all earthmoving activity in the area of the resource shall cease until the findings are examined, their significance assessed by the Director of Planning, the State Historic Preservation Office is cdnsulted and recommendations are made for any appropriate procedures to either further . ,~ -, . .~ v investigate or mitigate .impacts to those cultural resources which have been encountered, including the City's payment of excavating costs. 24. In the event that fossils are encountered .during the Project excavation, all earthmoving activity in the area of impact shall cease until the Developer retains the services of a qualified paleontologist, who shall examine the findings, assess their significance, and offer recommendations forany further investigation or mitigation measures. 25. General contractors shall maintain equipment engines in proper tune and operate constriction equipment so as to minimize exhaust emissions at all times during the Project development. Such equipment shall not be operated during first or second stage smog alerts. 26. During construction, trucks and vehicles in loading or unloading queues should. be kept with their engines off, when not in use, to reduce vehicle emissions. Construction activities shall be phased and scheduled to avoid emissions peaks, and discontinued during first- and second-stage smog alerts. Excavation shall be discontinued during periods of high winds. 27. General contractors shall use reasonable and typical watering techniques during Project development to reduce fugitive dust emissions. All unpaved demolition and construction areas shall be wetted at least twice a day during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and -meet SCAQMD Rule 403. 28. Construction and demolition activities shall take place only during the hours and at the levels specified for Noise Zone III (Institutional) in Santa Monica Municipal Code Chapter 4.12 ("Noise Ordinance"). 29. Except as approved by the Planning Director, the project contractor shall schedule construction activities to avoid the simultaneous operation of equipment such as air compressors; backhoes; concrete pumps, vibrators, or breakers; truck cranes; dozers; generators; loaders; pavers; pneumatic tools; water pumps; power hand saws, shovels; and trucks; so as to minimize noise levels resulting from operating several pieces of high noise level-emitting equipment. 30. Construction equipment shall be fitted with state-of--the-art noise shielding and. muffling devices to reduce noise levels to the maximum extent feasible during construction. 31. Every reasonable effort will be made to create the greatest practicable distance between noise sources and sensitive receptors during construction operations. _.. _: ,, '!: i -.-. .~.: Environmental Mitigation 32. 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.) 33. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, the applicant 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 recyling bins; 3) designated recycling coordinator; 4) nature and extent of internal and external pick-up service; 5) pick-up schedule; 6) plan to inform tenantsl occupants of service. 34. 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: o Non-stormwater runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site; o An sediments or materials which are tracked off-site must be removed the same day they are tracked off-site; o 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, o 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; o Drainage controls may be required depending on the extent of grading and topography of the site. o New development is required to reduce projected runoff pollution by at least twenty percent#hrough 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 35. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 36. The operation shall at all times be conducted in a manner not detrimental to t surrounding properties or residents by reason of lights, noise, activities, parking or other actions. 37. 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 approvat of. the Department of Environmental and Public Works Management. 38. 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. 39. 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. Monitoring of. Conditions 40. 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 Planning Division itself and other City divisions and departments such as the Building Division, the Environmental and Public Works Management Department, the Fire Department, the Police Department, the Resource Management 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 approvat 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. Exhibit G Santa Monica College Parking Structure B Replacement G.1 Access. and Circulation Description G.2 Access Diagram G.3 Site Plan G.4 Building Elevations G.5 Building Floor Plans G.1 Access and Circulation Description Exhibit G Santa Monica College Parking Structure B Replacement G.1 Access and Circulation Description 1. Vehicle Access and Parking The main vehicle access to the Parking Structure B Replacement will be via a driveway that leads to and from the entrance at 17th Street. This entrance will be modified as the last phase of the Parking Structure B Replacemeht project. Once this phase has been completed, this entrance will serve as an entrance to Parking Structure A, and the Municipal Pool, and will serve as the primary entrance to the Parking Structure B Replacement. The Parking Structure B Replacement will be accessed by a direct driveway from the Pico Boulevard entrance. As the driveway approaches the new structure it drops below grade, so that the actual entrance to the structure is below grade. A pedestrian bridge crosses over the driveway, ensuring pedestrian safety along this pedestrian axis through the College campus. Alternately, cars that are using the Municipal Pool Facility may also access the new structure by turning right after entering the campus; and continuing past both Parking Structure A and the Pool Facility ahd entering Parking Structure C at the entrance/exit located on the north west corner of that building. Once cars have entered Parking Structure C they may park in either C, or proceed to the Parking Structure B Replacement and enter the new structure via ramps which will connect all floors of Parking Structure C and the stew Parking Structure B Replacement. If no parking is available in either structure C or B Replacement, cars may exit Parking Structure C by the same entrance/exit, return to the turn around in front of the pool, and enter Parking Structure A. The completion of the Parking Structure B Replacement will enhance the circulation and connection between the three structures and improve the overall vehicle circulation on the campus. Parking Structure B Replacement does not add any additional access from public streets to the. College Campus. The project will modify only the existing Pico Boulevard and 17th Street entrance. Pedestrian access and access via public transportation to the :campus will not be changed by the Parking Structure B Replacement project. G.2 Access Diagram ,.~,., ~: Not to Sceie I FICIURE 2-SC ---EI-P - Final Circulation --..... SOURCE: Gensler/Renzo Zecchetto Architects ^' ~ - ~----~ tozae City of Santa Monica G.3 Site Plan n~ r; ~_ _ ~ PICO BOULEVARD )-~----- 1 CITY OF ~ SANTA MONICA MUNICIPAL POOL (EXISTING) ) a t +: ~~~ ,,,~,.~±^r.: SANTA MONICA COLLEGE IB00 Plco Boalevartl HenPo Afoniu Calibrnla ~~fl8~@f 11 O) y Y x ws'+~urlsnn i+ + i~+~+~ vNOrna+s i Y ~ ~~ m t y `3 f ~° + r ~ w, :..t; ~ ~_ , ~ V RENZO ZECCHETTO ;, \\\ \\\~ T ~T~'-~s~r~,~, ~I a,RCHirecrs i *~ x ~ F"S~I 7s '"~.:. f i ESL ~~I~~~~o Wav~±~l ossunix d vlr"~r r 4x ~ t ~Y .ail ~ ~flti 1 AY~, ~x~ 1 'A~ U~ ~j vu .n.w m ~ o w r nru ~w w~i® g~~~ 1RI+)'+,~~,rE)~S7IM!(d~`~~w6~,~?~~w`'~'zi" J~£~~ ~.a a Perkinatlonel .~w Vs it y~.+ ^ II~~ ~~ Yro~`~~Lr~ak~'+'911 _rn:°~ '° 5`jVn¢~'~!pAqu~ ~ pe-H..Ig~o...~a 111 ~ i ~w N ~r i~5 M tr +l r~~ 111'111 -IIM19, "~~"~~,r e+ `.`. i~"a*"ti+hx+t i,~T ~"~ t wa. m.m m~.u n~o }~ U3~`IUI oN d~n5* is. ~~~,,~ nrouw ,~r.~u.w T ,':>wo~ ~r~~J~IYJ ~ri~°~U1Lbil~iti'~~,R }r. „ . SUNKEN PUEA an of I SANTA MONICA MUNICIPAL POOL r (EXISTING) II`al C:r -~ y ~ i~ a ~.~ Y~ v ~~~2~ ~'x~ urd"A '~ ~1~ r;+,+A t.w' iP~.iixT'i'~s~-•*y~, +ir r ~~,`,I + +wy iM ad % 1 t" r 45'~T u~+ G a+ j ~ t+;,~ z ~,,a tr t ~ ~ i pia gy P.aK~ n ~t~~ ~~ u,~ +~~~ r 4~t 1~ I""ri~r Vn +a UlL -r~ ~v~('+ s s auN ~ ?'r ti ° ~St ~I$~~1+' ~' 'a 4'F ~ I ~_ ~ r ~~ ~In~N re ~ k ~ Vq M r.~n ,rr. -~--, j ~~~~~"~~, TRACK AND FIELD ~ rcn x~ +~k w J + N .::~ =~ asC, ~ A ~* 'InI¶II~ (EXISTING) ~ a"es~~ a "u ~N~ I~ rx>'wF Yz 1I au'r5,~y + .1?~~~~~ d~FS rv A1.01 G.4 Building Elevations <. ,;, ,% S TA IVi®nIICA C®LL~GE 9909 P]nz Oav9aamiA P®fA W~M11 6p~1)mauiw G~I9$'8C RENZO ZECCHER'O ARCHITECTS ..~i~; i~A~ Iota .boat Parkl}ig" ~~eslgn~lnc. G.5 Building Floor Plans .<;,• s ~~ ®~,cA co~.~~G~ U9000m+m ldnvA'wsrndl ibami C9wdou 6sl~wudn Ci0I959~Y RENZO ZECCHETf0 ARCHITECTS ..~i • Il~i[e :~.?~,-final Parklly~;~':~ oeslgn, In<. ..~o.rwi~..~..w.« N ~s3'~ •~~~~~ A2.01 S T1~1 M®NICA COi.1.EGE 9908 ~fdmNl RmDI¢uwti ~®IBSeQ'! c~ N RENZO ZECCHETTO ARCHITECT5 R~i~ ..i O nu InClu.,`~.bnai Parkrcx y sslg~, inc. ..~wPra~.w+ia...~~... ~_r~~µ.. A2.0: N S °~e4 IVI®PIiCA C®I.L~GE ~~, ~®n~ler RENZO ZECCHETTO ARCHITECTS Pahing ~e91Ea. Inc. e~~sl~vw/mW/uy~ A2.03 ~ TA iV1®F!!CA C01.9.EG~ 99d0LLam ma6sc:m:l [+~u A`BmGui:~ 6s11-nmldri ~®IH3'el' "' RENZO ZEGCHETTO ARCHITECTS eu/Mt' k • u Inte nal ParkYt ~` 4slg~n~ inc. a~arlwlo+Wl~4 N n u ~b-5$T A2.04 S T'A i~~NiGA C®Ll~EG~ 09m0 Gb m6~.otim, dimQq FNarDau~ m~ ~®I03'@P j ~~ , :,., RENZOZECCHETTO ?>°!. ARCHITECTS ?,'.. ..,.. • In[eu,,,~„ySn~ PerAing ~ ~ .sly. lnc. rnuiemlrrl~w. ......~ n.n.~ we e""^r~ ~~ A2.0~ _..__...__ N EXHIBIT H Project Mitigations, Santa Monica College Parking Structure B replacement (1) Phase One Construction Traffic. If the new Municipal Pool Facility is not open during construction of Phase One, no access mitigation measures would be needed as no impacts would be anticipated. If the Municipal Pool is open: (a) Vehicular access shall be provided from the Pico Boulevard/17~' Street College entrahce to Parking Structure Cvia atwo-way roadway. Vehicles exiting Parking Structure C shall exit the campus through Parking Structure A or via the Pico. Boulevard/17th Street Driveway. (b) Conversion of the east-west access road to Structure C from two- way to one-way (except for emergency two-way access) shall not occur until all construction is .complete. At the completion of construction, vehicles shall exit Structure C via the below grade driveway to the Pico Boulevard/17th Street campus driveway. (2) Phases Two and Three Construction Traffic. If the new Municipal Pool Facility is not open during construction Phases Two and Three, no access .mitigation measures would be needed, as no impacts would be anticipated.. If the Municipal Pool is open the measures below are recommended to mitigate temporary construction access impacts during construction of Phases Two and Three. (a) Increase the storage capacity for westbound left-turn vehicles on Pico Boulevard at 18th Court/SMC .driveway by delineating a longer left-turn lane. within the existing Pico Boulevard median by 25Q feet. This increased storage capacity shall be accomplished for the duration of construction Phases Two and Three. Prohibit left-turn movements from eastbound Pico Boulevard to north- bound 19th Street (one-half block east of the Lot 1 driveway/18th Court). (1) Move the attendant control point for visitors entering Lot 1 from its existing location on the inbound driveway into Lot 1 itself. The existing attendant booth could remain in its current location to simplify its reuse after construction, but shall not be utilized during these construction phases. - _ .~ E i i (b) Exiting traffic on the internal driveway must be controlled so as to permit unimpeded flows of inbound vehicles turning left to enter Lot 1. (c) Stripe pedestrian crosswalks across the temporary internal Structure C access road at key locations with .high pedestrian activity. Provide appropriate advance warning signage along the access road in advance of the crosswalks and post the access road'for a low speed. limit of 15 miles per hour. (d) Prohibit use of the new supply of parking spaces in the Parking Structure B Replacement until after completion of construction of the Structure B access system in construction Phases Two and Three, even if construction of the' parking structure itself is completed sooner. (e) If the new Municipal Pool Facility is opened prior to completion of construction Phases Two or Three, provide appropriate temporary sighage within Structure A to guide entering. and exiting pool users through the structure. Exiting pool users shall be routed to the Structure A .Pico Boulevard driveway for traffic destined to the east and to the Structure A 16th Street driveway (which is right-turn-out only) for traffic headed to the west on Pico Boulevard. Information regarding temporary pool traffic routings shall also be included in pool promotional materials (e.g., bulletin board notices, mailer inserts, swim meet materials). (f) .Prohibit construction during the first two weeks of the semester (during busiest periods of campus enrollment), and schedule construction Phases Two and Three to occur during periods of lower traffic and parking demands on the SMC campus. (3) Construction Period Parking. The construction work requiring removal of the spaces in Structure C shall be scheduled when SMC classes are not in session. (4) College Entrance. Modify the traffic signal at Pico Boulevard and the College entrance at 17th Street to provide fully-protected demand actuated overlapping left turn phasing on the east and west Pico Boulevard approaches. z -£x~ Exhibit I Santa Monica College Parking Structure B Replacement STANDARD CONDITIONS Plans This approval is for those plans dated June 14, 2000 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 conditionsbf approval. Architectural Review Board 2. 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. 3. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact the Department of Environmental and. Public Works Management regarding urban runoff plans and calculations. 4. Construction period signage shall be subject to the approval of the Architectural Review Board. 5. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board. 6. The Architectural Review Board, shall review scale and articulation of design elements; exterior colors, textures and materials; window treatment; glazing; and landscaping. Z Landscaping plans shall comply with Subchapter 5B (Landscaping Standards) of the Zoning Ordinance including use of water-conserving landscaping materials, landscape maintenance and standards contained in the Subchapter, except that a portion of the 10% landscaped area required for the surface parking lot may be met by perimeter plantings. 8. 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 iri its review shall pay particular attention to the screening of such areas and equipment. 9. Before submitting the Project to the Architectural Review Board ("ARB"), the landscaping plan shall be prepared, including a street tree plan, by a licensed California landscape architect. Plants called for in the approved landscape plan that subsequently die shall be replaced on aone-for-one basis. e Construction 10. 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. 11: 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 Department 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. 12. 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. 13. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code (Ord: 1242 CCS), per the 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. 14. All tree transplantation during the course of the Project shall be performed by a qualified arborist, landscape architect, or tree expert, to the City's satisfaction. Trees that are to be reused on-site shall be boxed in appropriately-sized containers and temporarily relocated to protect them from physical injury: 15. 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 anyde-watering 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; 12) Describe construction-period security measures including any fencing, fighting, 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. 16) Provide a construction and demolished materials plan which seeks. to maximize the reuse/recycling of construction and demolition waste according to DEPWM standards; 17) provide a plan regarding use of low-environmental impact materials in building construction;18) provide a construction period water runoff control plan.- 16. 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. gomplaints during -the g ' ~~ construction period. Said sign shall also indicate the hours of permissible construction work. 17. The applicant shall insure any grafitti on the site is promptly removed through compliance with the City's grafitti removal program. 18. A copy bf 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: 19. The City Engineer and all affected agencies shall approve any construction detours, construction work requiring encroachment into public rights-of-way, or any other street use activity(e.g., haul routes) during construction. 20. The hauling of dirt and demolition material and the delivery of construction material shall be prohibited during the afternoon peak traffic period. City streets affected by the Project construction shall be cleaned as necessary. 21. Construction shall be scheduled and expedited to cause the least amount of disruption and interference to the adjacent vehicular and pedestrian traffic flow. 22. If human remains of Native American origins are encountered during the Project development, construction shall be immediately suspended, and the County Coroner's office and the Native American Heritage Commission shall be contacted to determine necessary procedures for protection and preservation of remains, including reburial at the City s expense. 23. In the event that cultural/archaeological resources are encountered on the project site during the course of Project construction, all earthmoving activity in the area of the resource shall cease until the findings are examined, their significance assessed by the Director of Planning, the State Historic Preservation Office is consulted .and recommendations are made for any appropriate procedures to either further investigate or mitigate impacts to those cultural resources which have been encountered, including the City s payment of excavating costs. 24. In the event that fossils are encountered during the Project excavation, all earthmoving activity in the area of impact shall cease until the Developer retains the services of a qualified paleontologist, who shall examine the findings, assess their significance, and offer recommendations for any further investigation or mitigation measures. 25. General contractors shall maintain equipment engines in proper tune and operate construction equipment so as to minimize exhaust emissions at all times during the Project development. Such equipment shall not be operated during first or second stage smog alerts. 26. During construction, trucks and vehicles in loading or unloading queues should be kept with their engines off, when not in use, to reduce vehicle emissions. Construction activities shall be phased and scheduled to avoid emissions peaks, and discontinued during first- and second-stage smog alerts: Excavation shall be discontinued during periods of high winds. 27. General contractors shall use reasonable and typical watering techniques during Project development to reduce fugitive dust emissions. All unpaved demolition and construction areas shall be wetted at least twice a day during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD Rule 403. ,. f 1 28. Construction and demolition activities shall-take place only during the hours and at the levels specified for Noise Zone III (Institutional) in Santa Monica Municipal Code Chapter 4.12" ("Noise Ordinance"). 29. Except as approved by the Planning Director, the project contractor shall schedule construction activities to avoid the simultaneous operation of equipment such as air compressors; backhoes; concrete .pumps, vibrators, or breakers; truck cranes; bulldozers; generators; loaders; pavers; pneumatic tools; water pumps; -power hand saws, shovels; and trucks, so as to minimize noise levels resulting from operating several pieces of high noise level-emitting equipment. 30. Construction equipment shall be fitted with state-of-the-art noise shielding and muffling devices to reduce noise levels to the maximum extent feasible during construction. 31. Every reasonable effort will be made to create the greatest practicable distance between noise sources and sensitive receptors during.construction operations. Environmental Mitigation 32. 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.) 33. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, the applicant 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. 34. To mitigate storm water and surtace 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: o Non-stormwater runoff, sediment and construction waste from the. construction site and parking areas is prohibited from leaving the site; o An sediments or materials which are tracked off-site must be removed the same day they are tracked off-site; o 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; o 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; o Drainage controls may be required depending on the extent of grading and topography of the site. o 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. 4 Miscellaneous Conditions 35. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 36. 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. 37. 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. 38. 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 dwner 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. 39. 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 maybe heard outdoors. 40. The final configuration of the driveway entrance and parking layoutand specifications at Pico Boulevard must be approved by the Transportation Management Division prior to issuance of a building permit. Monitoring of Conditions 41. 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 Planning Division itself and other City divisions and departments such as the Building Division, the Environmental and Public Works Management Department, the Fire Department, the Police Department, the Resource Management 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. . ~ ; i Exhibit J Santa Monica College Parking Structure B Replacement Definition of Average Natural Grade The average elevation of the ground level of the parcel surface in its natural state as measured. at the intersection of the rear and front setback lines (if any) with the side setback lines of the parcel. For parcels with a grade difference of 12.5 feet or more, as measured from either any point on the front setback line to any point on the rear setback line, or from any point on the side setback line to any point on the opposing setback line, average natural grade shall be calculated on three equal segments of the parcel created by drawing imaginary lines connecting opposite parcel lines at the intersection of the rear and front setback lines (if any) with the side setback lines at one-third increments of the depth of the parcel from the rear to the front setback (if any). This height calculation method shall be optional for parcels with less than 12.5 foot grade differential Santa Monica Zoning Ordinance 8.04.02.030.350 July, 2000. F:\PPD\SHARE\EI RTEMPS\SMCGarage\FinaIDAExhibitK.doc „S1_ ATT~4C H IVI ENT C e.t~ S F:JMT:AS:f:\ppd\share\eirtemps\smcgarge\staffreportPC Planning Commission Mtg: July 19, 2000 Santa Monica, California TO' The Honorable Planning Commission FROM: Planning Staff SUBJECT: Development Agreement 98DEV003; Final Environmental Impact Report 98- EIR004 Address: 1900 Pico Boulevard Applicant: Santa Monica Community College INTRODUCTION Summary: Proposed is Amendment Number Two and Restatement of the Development Agreement between the City of Santa Monica and the Santa Monica Community College District to allow the construction of a 486 space, 30 foot high, five level parking garage. The project replaces the former Parking Structure B which was demolished due to damage from the 1994 Northridge Earthquake. The project consists of the removal of the existing Santa Monica municipal pool and construction on that site of a five level parking garage of approximately131,600 square feet. The proposed project will be located directly adjacent to the eastern end of existing Parking Structure C, between the Technology building to the north and the Physical Education building to the south. In addition to the structure itself, the.projectwill include a new driveway access to and from the Pico Boulevard entrance at 17"' Street and a small surface parking lot which includes 19 of the 486 spaces; this surface parking lot will be accessible only from the proposed parking structure. The existing Pico Boulevard entrance will be widened to accommodate vehicular access to the new structure, and will be reconfigured to improve internal campus access to Parking Structure A and to provide access to the new Municipal Pool Facility. The project will be connected to the existing Parking Structure C via ramps at each floor. An Environmental Impact Report has been prepared for this project which identifies three unmitigatable traffic impacts. In addition to the three unmitigatable impacts, the EIR also recommends two traffic mitigations which staff also believes cannot be feasibly mitigated.. However, given the public benefit of the Parking Structure B Replacement, staff recommends adoption of a Statement of Overriding Considerations #or the five traffic impacts. ~~~~ The proposed Development Agreement Amendment permits the construction ofthe Parking Structure B Replacement on a site that is the location of the existing municipal pool. A new Municipal Pool Facility is under construction on the site ofthe demolished Parking Structure B. The Development Agreement also sets forth the particular conditions, standards and mitigations for this project and restates the conditions of the original Development Agreement forthe site, which was adopted in 1989 and the First Amendment to the Development Agreement which was adopted in 1998. Action: The Planning Commission should take the following actions: Recommendation to City Council regarding. certification of the Finat Environmental Impact Report evaluating the environmental impacts of the project as proposed in the Development Agreement Amendment and recommendation to adopt a Statement of Overriding Considerations. 2. Recommendation to .City Council regarding adoption of the proposed Development. Agreement Amendment and Restatement, which includes approval of the project plans. Recommendation: Recommend City Council approval of actions noted above. Permit Streamlining_Expiration Date: Not applicable to projects involving a Development Agreement. SITE LOCATION AND DESCRIPTION The project is located on an approximately 88,590 square foot combined parcel at the interior of the Santa Monica College campus. Surrounding uses consist of the one story Technology Building to the north; the one story Physical Education building to the south; the 30 foot high four level Parking Structure C immediately to the west ,and the Performing. Arts building approximately 400 yards to the east. There are no adjacent residences as the project is located at the interior of the campus. The only visual access from a public street is from the approximately 400 yard driveway at Pico Boulevard. Zoning District: R2 Low Density Multiple Residential with Public Lands Overlay Land Use District: Institutional Parcel Area: Located on a combined parcel area of approximately 88,590 square feet PROJECT DESCRIPTION Amendment Number Two to the Development Agreement vests the approvals for the Parking Structure B Replacement on this specific site, incorporates the Environmental Impact Report mitigation measures, locates pedestrian and vehicular access, and requires specific conditions for the development based on the schematic design drawings. The specific conditions include landscaping, Department of Environmental and Public Works Management, .and- Architectural Review Board requirements. The Development Agreement Restatement replaces and supercedes the original Development Agreement and Amendment Number One in their entirety. Project Design Proposed is a five level parking structure that is designed to match the existing Parking Structure C. The project will be no more than 30 feet above average natural grade, not including the 42 inch high parapet and the approximately 22 foot high light standards at the roof parking level. The project will include an elevator tower which projects 14 feet above the roof level. The project will provide five parking levels, including one subterranean level, one at grade level which incorporates an adjacent surface lot accessible only from the structure, and three above grade levels, one of which is roof top parking. The project plans are included in Attachment E. The project will be designed to match the existing Parking Structure C. The exterior of the proposed Parking Structure B Replacement building will be primarily exposed concrete, accented with silver metallic painted louvers facing the interior of the campus and galvanized sheet metal cladding on the exteriorof the exit'stairs. Red brick is proposed for the retaining walls and drive surface in the below grade entry plaza. This brick coordinates with the sidewalk pavers recently installed along Pico Boulevard as part of the streetscape improvement project. The preliminary landscape plan includes landscaping at the perimeterofthe surface parkinglot immediately adjacent to the structure on-the east, and landscaping along the perimeter of the new driveway. Use The Parking Structure B Replacement will be operated by the College between the hours of 6 AM acid 11 PM, the same hours as the existing campus structures. Users will include college students, faculty, staff, pool users and visitors Parkino. Access, and Circulation Vehicular Access and Circulation: Vehicular access will occur via Pico Boulevard at 17~' Street where the current driveway will be widened and reconfigured to allow for access to the new structure. Cars entering the College from Pico Boulevard may go directly to the new Parking Structure B Replacement, or turn right and follow the improved access to Parking Structure A, the new Municipal Pool Facility or the existing western entrance of Parking Structure C. To directly access Parking Structure B Replacement, vehicles will proceed south on a driveway that ramps down below grade to enter the new structure at-the basement level. On entering the structure vehicles may park on any level, including the exterior surface lot, or cross over into Parking Structure C. If there is no parking available in C, vehicles may exit through the western entrance, circle to the new Municipal Pool Facility drop off area, and proceed back to Parking Structure A. Vehicles will not be able to exit back onto Pico unless they return to Parking Structure B Replacement and exit through the main driveway. Pedestrian Access: Since the new accessway to the Parking Structure B Replacement will traverse a main pedestrian corridor, pedestrian access must be provided. across the new driveway. The project design includes a broad pedestrian bridge that crosses over the depressed accessway between the Business Building and the Technology Building. Another pedestrian bridge is located over the right lane of the driveway that leads to Parking Structure A, the Municipal Pool and the western ehtrance to Parking. Structure C. This bridge will allow pedestrians to walk from Structure A to a sidewalk, and then across the second bridge to safely reach the- other side of campus. BACKGROUND The Northridge Earthquake destroyed Parking Structure B, a 374 space parking structure.. Following the earthquake, the College initiated a master planning process to guide the physical reconfiguration of the main campus to best meet the College's educational mission. This effort has involved numerous community meetings and focus groups to assess issues and priorities and evaluate a range of land use options. The process culminated in review and action by the Santa Monica College Board of Trustees to support the inclusion of a new Municipal Pool Facility on the College campus. The master planning. effort identified several potential sites for the pool that would meet the College's goal to create a unified and efficient campus layout ~-nd also meet the City's desire for an expanded aquatics facility that is physically accessible to the public: It was determined that the relocation of the pool to the 16`h Street site was beneficial to the College and the public, allowing for both a better pool facility and for a new parking structure to be built on the interior of the campus, away from the adjacent residential neighborhood that had been negatively impacted by Parking St~~cture before it was demolished. Since a 1989 Development Agreement between the City and the College governed the 16'" Street site, a Development Agreement amendment was required for the new Municipal Pool Facility. Following an affirmative recommendation from the Planning Commission, the City Council approved the First Amendment to the Development Agreement and certified the EIR for the Municipal Pool Facility in December 1998 with the understanding that the Development Agreement would require another amendment to approve a parking structure. 4 ~, 7 .u ANALYSIS Development Aareement A Development. Agreement is a contract between the City and a developer which authorizes the type and amount of development within a specific period of time. Typically, in Sahta Monica, Development Agreements have provided land owners with guaranteed development rights iri exchange for public benefits. A Development Agreement must complywith the General Plan and Specific Plans but can supersede zoning regulations by establishing its own specific set of development standards. The Development. Agreement .amendment attached to this report is the document proposed by The City of Santa Monica and the Santa Monica College Board of Trustees. The document outlines the parameters for the specific Parking Structure B Replacement for which the attached- Final Environmental Impact`: Report was prepared. The City recognizes that the College is undergoing an extensive master planning process and the Parking Structure B Replacement facility is one part of this project. The Master Plan projects were considered as part of the cumulative projects in the Parking Structure B Replacement environmental analysis. The College must replace the parking spaces that were lost when Structure B was demolished as well as provide additional parking spaces lost from the earthquake. For the purpdses of consistency and implementation, the Development Agreement has been- revised to include the original Agreement authorizing construction of Structures A and C, the First Amendment governing the new Municipal Pool Facility and the Second Amendment which governs the proposed Parking Structure B Replacement. Additional technical changes which do not pertain to the proposed project have also been made to ensure that the document is consistent with the City's current standards and conditions ;i,r Development Agreements. The Development Agreement is divided into Paragraphs, .each describing or authorizing specific elements of the project. The Agreement consists of 33 Paragraphs and 11 exhibits. The sighificant elements are discussed in detail in the report. The following .summarizes the content of each paragraph, highlighting the amendments and additions which pertain to Parking Structure B Replacement. Paragraph 1 Description of the Property Lists the defining terms used in the .document. Paragraph 2 Description of the Property Provides the location of all the projects governed by the Development Agreement; adding the location. of the Parking Structure B Replacement „~ ~~~ Paraqraph 3 Description of the Project municipal pool Describes the principal components of each of the projects governed by the Development Agreement including height, floor area, number of stories, vehicular and pedestrian access and circulation, and landscaping. This amendment and restatement adds a description of the major components of the Parking Structure B Replacement including the terms of demolition for the existing Paragraph 4 Approved Uses Describes the approved uses forthe projects governed by the Development Agreement, which. are parking for the parking structures and aquatic related uses forthe Municipal Pool facility. Paraqraph 5 Timing of Construction Establishes the required. timing for commencement of cohstruction after adoption of the Development Agreement, and the required time to complete construction. The Parking Structure B Replacement project must begin construction no .more than twelve months after the approval of the document, and the structure and -the 17"' Street entrance must be completed no more than eighteen months after the commencement of construction. Paraqraph 6 Project Mitigation Measures Lists the adopted mitigations for Parking Structures 4 and C and references the Exhibits that contain the project mitigation measures for the Municipal Pool Facility and the proposed Parking Structure B Replacement Paraqraph 7 Environmental. and Public Works Department Requirements Paragraph 8 Changes to Parking List the specific requirements for each project governed by the Development Agreement. Specific requirements which pertain to the Parking Structure B Replacement include approval and evaluation of the civil plans for both on-site and off-site improverrients to the College entrance at Pico Boulevard. Pertains only to the original parking structure 6 (i .~ ~. Structure A and Parking Structure C not Requiring Amendment of Develog- ment Agreement Paragraph 9 Effect of Agreement on Land Use Regulations A and C. Governs the use and development of the Parking Structure B Replacement Paragraph 10 Certificate of Occugancy Explains that the College is responsible for obtaining a certificate of occupancy for the Parking Structure B Replacement from Office of the State Architect. Paragraph 11 Enforcement: Periodic Review of Com lip ante with Agreement Paragraph 12 Default and Remedies Paragraph 13 Notice of Termination Paragraph 15 Duration of Agreement Describes the process for monitoring the compliance of the Development Agreement. Describes the process for determining and acting on default of the Agreement and the means to remedy default. Explains that termination of the Agreement must be officially recorded. Describes the length of the term of the. Agreement. The current length of term is 25 years from the execution of the original Development agreement in 1989. The City and the College are considering lengthening the term to 55 .years from 1989 to be consistent with the current standards of the City's development agreements. This issue will be resolved prior to City Council consideration. Paragraphs These paragraphs address legal requirements 16-32 including notices, indemnification, attorney's. fees, and severability. Exhibit A: Legal description Exhibit B: Project Location, Landscaping and Architectural Review Board requirements Exhibit C: Environmental and Public Works Management Requirements Exhibit D: Santa Monica Municipal Pool Facility, Access .and Circulation Description, Access Diagram, Site Plan and Building Elevations. 7 „=1„ Exhibit E: Municipal Pool Mitigation Measures Exhibit F: Municipal Pool Standard Conditions Exhibit G: Intentionally Omitted Exhibit H: Parking Structure B Replacement Access and Circulation Description, Access Diagram, Site plan, Building Elevations and Floor. Plans Exhibit I: Parking Structure B Replacement Project Mitigations Exhibit J: Parking Structure B Replacement Standard Conditions Exhibit K: Definition of Average Natural Grade This second amendment to the Development Agreement establishes the parameters, project description, standards and conditions, and impact mitigations forthe replacement of a 374 parking space parking structure that was demolished in the 1994 Northridge Earthquake. This project implements Land Use Element Policy 1.11 which requires the provision of land for public facilities adequate to meet future needs. By replacing the demolished structure with the proposed project, the Santa Monica College campus will be reconfigured to improve land use and traffic circulation, improve existing parking conditions and replace the parking spaces that were lost in the earthquake. The project is located in the R-2 Low Density Multifamily District, with a Public Lands Overlay. Although parking structures are not permitted in the R-2 zone, parking uses are permitted in the Public Lands Overlay in association with public schools and other public uses. An element of the project that does not conform to either the R-2 District requirements is the rooftop parking. However, since the structure is located at the interior of the campus, adjacent to Parking .Structure C, which has rooftop parking, this inconsistency is not incompatible with the surrounding .context. Given this unique circumstance, the Development Agreement proposes to allow roof top parking. The placement of the proposed project at the interior of the campus is compatible with the surrounding College related uses. Further, the structure's interiorcampus location reduces potential negative impacts to the surrounding residential neighborhood. The structure is designed to be compatible with the ad}acent campus uses, and is intended to match the architecture of Parking Structure C iri terms of massing and materials. The project includes both an exterior stair and an elevator. The elevator tower will project 14 feet above the roof level. The garage is entered from below grade via a depressed roadway. The 19 space surface parking lot adjacent to the structure will be landscaped according to the specifications of the Development Agreement, which are consistent with the standard landscape requirements of the Zoning Ordinance. Landscaping will also border the driveway. The replacement of the lost parking spaces will benefit the College by providing adequate parking for students, faculty and visitors, and benefit the surrounding neighborhood by providing sufficient parking to prevent college users from parking oh city streets, protecting the neighborhood from the additional traffic generated by people looking for parking spaces, and freeing up street parking-for residents. The Parking Structure. B Replacement and the internal circulation improvements associated with the new structure implement a design set forth in the Santa Monica College Master Plari. Construction consistent with the Master Plan allows the College to improve the overall campus land use layout, and provides a preferred site for the new Municipal Pool Facility which is being constructed on the site of the demolished Parking Structure B. CEQA ANALYSIS An Environmental Impact Report (EIR) was prepared for this project. Copies of the draft EIR were distributed to the City Council and notices of availability were sent to Planning Commission members at the beginning of the 45 day public review period, which closed on December 27, 1999. A total of five comment fetters were received prior to the close of the comment period. These comment letters, as well as the response to comments, are included in the final EIR. One comment letter from Santa Monica College was submitted after the close of the comment period (Attachment B). This letter addresses the College's concerns regarding mitigations requiring restriping at the 23`d Street and Ocean Park Boulevard Intersection, and requiring the replacement of public parking meterson campus. In addition, the City held a neighborhood meeting on the proposed project on December 8, 1999. Five members of the public were. present.. The verbal comments received at the meeting have been addressed in the Response to Comments section of the EIR. The central concern discussed at this meeting related to general disapproval of building a parking garage since this can become an incentive for people to drive cars instead of using alternative transportation as a more environmentally sound practice. The response to comments section of the EIR outlines the alternative transportation incentive program used by the College. No unmitigatable impacts were identified in the areas of Geology and Soils, Air Quality; Noise, Aesthetics and Shadows, or Land Use and Neighborhood Effects. With adoption of the recommended mitigation measures, the EIR determined that impacts in these categories could be reduced to a-less than significant IeveL As discussed below, the only significant impacts that could not be mitigated were in the areas of Transportation and Traffic. In addition, the EIR recommends mitigation fortwo traffic operation impacts, one at the intersection of 20`" Street and Pearl and one pertaining to the left turn lane from Pico Boulevard to the College entrance that staff does not believe can be feasibly implemented, as discussed below. Traffic Impacts Dual left turn Lane from Pico Boulevard to College Driveway Entrance The EIR determined that, based upon the projected traffic volumes, the 17`h Street/Santa Monica College Driveway/Pico Boulevard intersection would have inadequate storage capacity for westbound left turns from Pico Boulevard into the Santa Mohica College n..'7. Campus. The EIR further determined that this potentially significant traffic impact could be mitigated by doubling and extending the westbound left turn pocket on .Pico Boulevard. However, .this additional left turn lane would require the removal of approximately 13 metered parking spaces on the south side of Pico Boulevard, east of the College driveway entrance. Loss of 13 metered parking spaces would. itself create a significant environmental impact. Additionally, loss of these public parking spaces would be a significant social impact given the high demand for parking in the area for businesses, residents, and College users. Parking is a premium use and the loss of any parking that is available to the general public significantly impacts the community. Consequently,. the removal of 13 public parking spaces would have greater impacts than the reduction in the level of service if the second left turn lane was not installed. While the EIR further recommended that the public metered spaces be replaced on the College Campus along the internal access road between Structure A and the Business Building, staff believes that public metered spaces on private property would result in these spaces only being used by College users rather than the general public. As such, the identified impact would not be mitigated even if the spaces could be relocated. Since the dual left turn lane mitigation measure results in the loss of 13 public spaces, the impact of which cannot be mitigated, staff believes the dual left turn lane is infeasible. Therefore, staff does not recommend that this mitigation be adopted and a Statement of Overriding Consideration will be required. If this mitigation is not adopted, the College proposes to alter the entrance design from two inbound lanes to one inbound lane to improve safety at the entry. No additional environmental impacts would result from this potential design change, and the level of service would remain as studied for aone-lane left turn, Intersection of 20"' and Pearl Street The EI R recommends installation of atwo-phase traffic signal to mitigate the reduced level of service at the intersection of Pearl and 20`h Streets. This intersection is currently a four- way stop- intersection. with long delays. Staff believes that the implementation of this mitigation would produce longer queuing in the residential neighborhood that would have a greater environmental impactthan the potential benefit of a traffic signal since the queuing impacts could not themselves be mitigated. The additional traffic at this intersection due to this project would be limited to 5-10 trips per day during peak hours. The potential benefits of a traffic signal at this site would be outweighed by the queuing impacts on surrounding streets, which would be ongoing, is therefore infeasible. Staff recommends that this mitigation not be adopted, and a Statement of Overriding Considerations will be required. Neighborhood Impacts The Santa Monica Municipal Code states that the addition of one trip per day to a residential street is considered a neighborhood impact ifthe street is alreadyfunctioning at 90% of capacity. Based on this criteria, the proposed project will generate significant impacts to two streets, adding 28 daily trips to14`h street north and south of Pearl Street, and 15 daily trips to 16`h Street south of Pearl Street. Mitigation measures that could reduce the projected traffic on these streets would likely increase the traffic on other local streets, thus simply shifting impacts from one street to another rather than reducing these 10 impacts to below a level of significance. Therefore, mitigation measures such as turn restrictions, speed bumps, and curb extensions are considered infeasible and a Statement of Overriding Considerations is recommended for these impacts. Recommendation for a Statement of Overriding Considerations. The construction of the Parking Structure B Replacement will provide a significant public benefit. The parking spaces lost due to the Northridge earthquake will be replaced, and the College will more adequately be able to provide parking for their students, reducing parking impacts on the neighboring streets. The site of the Parking Structure B Replacement is preferable to the former site of the demolished Parking Structure B because it is located at the interior of the campus, and will not impact the surrounding residential neighborhood ih terms of noise, glare or aesthetics. The internal access and circulation will be improved, providing enhanced pedestrian safety,, improving traffic circulation throughout the campus, and preventing cars looking for parking from exiting the campus and circulating on public streets. Due to these public benefits, staff recommends a Statement of Overriding Considerations be adopted. Alternatives The EIR also considered alternatives to the proposed project, as follows: The No Project alternative was not considered a superior alternative as it would assume the rebuilding of the demolished structure on its original site, which would have greater neighborhood impacts than the proposed project location at the interior of the campus. The Reduced Project alternative would develop a project with fewer parking spaces with the intention of reducing the overall intensity of the project: This would not necessarily reduce the parking structure height, but could result in fewer air quality, noise, geology and soils and traffic impacts based on a less intensive use. (Final EIRTable 4-1) However, a reduced number of spaces would not serve the SMC project objective of replacing the spaces lost due to the earthquake and ensuring the current and future needs of campus users. In addition, supplying fewer parking spaces than the current demand would encourage students to park on`the city streets and further impact residential neighbors. 3. Off-Site Alternative Locations were evaluated and considered infeasible because the act of moving the project off-site would not lessen the significant environmental impacts. Due to the nature of the project, significant environmental impacts wbuld also occur at an off-site location_ 11 ., ~ n 4. Several Orr-Site locations were evaluated, but were also found to be infeasible because the act of relocating the project on site would not lessen the significant impacts. All other available campus site were closer to the perimeter of the campus, and would therefore create greater impacts due to the proximity to surrounding residential neighborhoods. The proposed project was chosen as the environmentally superior alternative as it meets the project objectives for providing replacement, current, and future .parking, locating the structure at the campus interior, farther away from residential neighborhoods, thus eliminating the impacts associated with placement of a parking structure near residential neighborhoods. PUBLIC NOTIFICATION Pursuant to Municipal Code Section 9.48.110, notice ofthe public hearing was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius of the project site and published in the Our Times section of the Los Angeles Times the at least ten consecutive calendar days priorto the hearing. A copy of the notice is contained in. Attachment A. CONCLUSION The proposed Parking Structure B Replacement will replace the parking spaces lost in 1994, and will have a beneficial effect. on both the College and the immediate neighborhood by ensuring adequate parking on campus and reducing parking impacts on City streets. In addition, the siting for the replacement structure is preferable to a structure adjacent to .residences. Further, the project allows for the construction of the City's new Municipal Pool Facility on a site that permits an expanded and improved public recreational facility. RECOMMENDATION It is recommended that the Planning Commission take the following actions: Recommend that City Council adopt a Statement of Overriding Considerations and certify the Final Environmental Impact Report evaluating the environmental impacts of the project as proposed in the Development Agreement. 2. .Recommend that City Council approve the Development Agreement Amendment and Restatement as proposed with the following Findings, which includes approval of the project plans. 12 r~ 'ii 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, iri that the project is consistent with Land Use Element Policy 1.11 which requires the provision of land for parks and other public facilities adequate to meet future needs; by allowing forthe reconfiguration ofthe Santa Monica College campus land use and traffic circulation to improve the existing parking conditions, replace parking spaces lost due to the 1994 Northridge Earthquake and provide for future parking needs. The proposed Development Agreement Amendment is compatible with the uses authorized in the district in which the real property is located, in that the Public Lands Overlay permits parking structures in association with public uses such as schools, and the parking structure does not exceed the 30 foot height limit for the R-2 District. The proposed Development AgreemenYAmendment is in conformity with the public necessity, public convenience, general welfare, and good land use practices, in that it allows for the replacement of the demolished Parking Structure B in the interior of the campus on a preferable site which will reduce negative. impacts to surrounding residential neighborhoods. 4. The proposed Development Agreement Amendment will not be detrimental to the health, safety and general welfare, in that it allows a use that is consistent with the Land Use and Circulation Element as well as replacing lost parking to the benefit of Santa Monica College and the surrounding neighborhoods. 5. The proposed Development Agreement Amendment will not adversely affect the orderly development of the property, in that the proposed project is designed in accordance with the Santa Monica College Master Plan, and that the conditions of the Development Agreement Amendment ensure the construction and operation of the Parking Structure B Replacement in a mannerthat has a minimal impactto the surrounding community. 13 ~ ~ ~ . 6. The proposed Development Agreement Amendment will. have a neutral fiscal impact on the City, as the- Development of a parking structure does not provide for eitherthe addition of loss ofjobs or businesses, and that the Santa Monica College District exempt from taxes, and therefore will not contribute any revenue to the City. Prepared by: Sarah Lejeune, AICP, Associate Planner Amanda Schachter, Principal Planner Jay M. Trevino, AICP, Planning Manager Attachments: A. Notice of Public Hearing B. Letter from Santa Monica College commenting on the DEIR C. .Final EIR D. Development Agreement Amendment E. Site Plan, Floor Plans and Elevations 14 •, _.. .. ~ i ..7 !., ~" T' Notice of Public Hearing anta Monica olle Parking tractors . ~ .~ NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA PLANNING COMMISSION Subject: Development Agreement 98DA003; Final Environmental Impact Report 98EIR004; 1900 Pico Boulevard, Santa Monica College Campus Applicant: Santa Monica Community College A Public Hearing will be held by the Planning Commission on the following requests: Proposed is an amendment to the existing Development Agreement between the City of Santa Monica and the Santa Monica Community College District to allow the construction of a 486 space, 30 foot high, five level parking garage. The project replaces the former Parking Structure B which was demolished due to damage from the 1994. Northridge Earthquake. The project consists of the removal of the existing Santa. Monica municipal pool and construction on that site of an approximately131,600 square foot parking structure. The parking structure height will not exceed 30 feet above Average Natural Grade, matching the height of the adjacent Parking Structure C. The existing municipal pool is being replaced by a new Municipal Pool facility which is currently under construction at the western edge of the Santa Monica College Campus on the 16th Street frontage. The proposed project will be located directly adjacent to the eastern end of existing Parking Structure C, between the technology building to the north and the Physical Education building to the south. The proposed five level parking structure consists of one level of subterranean parking, one level of at-grade parking and three levels of above .grade parking, which includes roof top parking. In addition to the structure itself, the projectwill include a new driveway access to and from the College's Pico Boulevard entrance at 17"' Street and a small surface parking that is accessible only from the- proposed parking structure and contains 19 of the 486 parking spaces. The existing Pico Boulevard entrance will be widened to accommodate vehicular access to the new structure. The entrance will also be reconfigured to improve internal campus access to Parking Structure A, and to provide access to the new Municipal Pool facility. The project will be connected to the existing Parking Structure C via ramps at each floor. The proposed Development Agreement amendment permits the construction of the Parking Structure B Replacement on the site of the existing municipal pool which is being relocated to a site that is governed by the Development Agreement. In addition to allowing the construction of the facility, the Development Agreement amendment vests the development entitlements for the project on this specific site, incorporates the Environmental Impact Report mitigation measures and requires specific conditions forthe development. The Planning Commission must make a recommendation to City Council regarding the following: amendment of the Development Agreement and approval of the proposed parking structure; adoption of a Statement of Overriding Considerations; and certification of the Final Environmental Impact Report evaluating the environmental impacts of the i1u project. The Final Environmental Impact Report prepared for the pcopc?sed Parking Structure B replacement will be available at the City Planning Division Public Counter by July 12, 2000. DATEITIME: WEDNESDAY, JULY 19, 2000 AT 7:00 P.M. LOCATION: COUNCIL CHAMBER, ROOM 213, 1685 MAIN STREET SANTA MONICA, CALIFORNIA HOW TO COMMENT The City of Santa Monica encourages public comment. You may comment at the Planning Commission public hearing, or by writing a letter. Written information received before NOON on the Wednesday before the hearing will be given to the Planning Commission in their packet. Information received after that time will be given to the Planning Commission at the meeting. Address your letters to:Sarah Lejeune c/o Parking Structure B Replacment City Planning Division, Room 212 1685 Main Street Santa Monica, California 90401 MORE INFORMATION If you want additional information about this project or wish to review the project, please contact Sarah Lejeune at (310) 458-8341. The Development Agreement and Draft Project plans are available at the Planning Counter during business hours or available on the City's web site at www.santa-monica.org The meeting facility is wheelchair-accessible. If you have any disability-related request, please contact 310/458-8701 or TTY310/458-8696 at least three days prior to the event: Santa Monica Bus Lines #1, #2, #3, #7 and #8 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. Para mas informacidn, favor de llamar a Carmen Gutierrez al numero (310) 458-8341. .J J Letter from Santa Monica College commenting on the DEIR ante. onic oll s rkin tractors :., . u ~~~v Leeter 6 February 1S, 2000 Sarah Lejeune Department of Planning and Community Development City.of Sams Monica 1685 Main Street santa Monica, cA soam-noo Re: Comments on the Draft EIR Mitigation for the Parkirg Serrrctt~e B Replacement Project at Santa Monica College Dear Ms. Lejeune_ Thank you for die opportunity to comment oa the Draft EIR for the Santa Monica College Parking Strncntre B Replacement Project. As we have discussed, Sawa Monica College (SMC) has reviewed the Draft F.II2, and we are only addressing those mitigation measures that we consider unworkable or inappropriate. Mitigation Measure 3 S-la (5) RerntirinR____Re~S~it+ina at the Intersection of 23id Street and Clcean. Park SMC disagrees with dse need for this mitigation measure as a result of the CoIlege project. 6-t The intersection in question is a long distance from the College project, and this is a project drat wfil not add any more population to campus or to the City. We ask that this mitigation measure be deleted. Mitigation Measure 3.5-Ib (51 Requiring Meteeed Parkins Spaces on campus SMC disagrees with this mitigation measure. The College wilt be providing needed spaces to serve an existing demand on campus. Proposed pazking spaces will accommodate those utilizing the campus, including snadents, staff and visitors. Parking usage by students and staff is managed through dte sale or assignment of pazldug passes. Visitors may park at SMC by stating their business at the ltiosk, and receiving a guest pass for pazling during their stay on campus. The mitigation measure states a need to provide spaces for dte general public, however; aside from visitors to the college, it is not appropriate for the general public to be parking on campus.. Thus, as the proposedparksing strncntre will provide parking for the user groups identified, there is no need for the college to provide additional spaces for the general 6-2 Santa Monica Community College District • P900 Pico Bivd. • Santa Monica, CA 90405-1628 • (310) 43a-4D00 _ , ., ,.., Age. le' , Chy of 1dQ ~ lf, C oa F.1&t Mitigat~at M P~ z of 2 ptablia on Even if the Coliege were able to provide the twelve ' ,these s bt: far Co ~t fox the last wlli be rep ss put of the Co txiag in the s i< wwtdd he . and . c m College aaivities m have publie saw far atxlvities to the Co l=nrther. SMC does ~t feei it is m City as College .This coald rtsult m coatli ilitxs aad -City be on City. tbai .the SMC SMC does tmt any as the esviro ~ ~Ve hope that we can work oeu these issues you. ~ ~t m cap if yon winos m disatss this finther or nerd of SMC's pasi. Sidxreiy, ~~ d. 've Vice Presideat,l3usin~s & A , fiJD If 6-2 Cont'd TOTF~ P,03 „,•~~ Final Environmental Impact Report onica 11 ri n r cu r ;~~~ TT H ENT SANTA MONICA COLLEGE IBee PI<o Boulevard - 3anfa Monica CelHOrnle ~r G.~ RENZO ZECCHETTO ARCHITECTS ® Intematfonel Parking Design. Inc. .~..~.......r.-.. wem .owi~ rir,w. II~Yi ?'a~{a I t f7"'rg'~ ~'y Y I di'`a S,~Yi I { 4 afri 3 .,d d:+~~ I;a y~Wi" N *~> ~ / .~. ~xc nau .yaw """ trs~ _.. BER i6 1999 A1.01 PICO BOULEVARD ~- ~- (--- ATT,4CF9 1' n ( i;i ~~ Fe Parking Structure Replacement of Parking Lot B - - _. r:=_. `i ~1 rl: 1- -: .t-11 Replacemenrrequires 1365-375 spaces total ~~ _ .- E ~ _ - ~ -- 8xis[ing Nan-Tcmporuy Buildings O Pa[rn[ial Pa[king 5[[utturc $i[es - • - College Boundary FEMA • Options la, 16: - Located on the original site of Pazking Structure B - 4 levels above grade -or- 2 levels below and 4 levels above grade -Allows for a range oE38$-580pazkingspaces • Options2a, 26: -Located on the existing Liberal ArrslAdmissions site - 3 levek below grade -or- 2 levels below and 4 levels above grade - Allows. for lazge render and/or above ground range of 650-1290~spaces • Options 3a, 36: -Located on the Pico Boulcvard edge .. - I or 2levels below grade -Allows for large underground parking range oF360-720 spaces - Provides an immediate oppornrrtity for development of an entry to the college and a goodlocation For the Liberal Arts /Student Services buildings • Opcions4a, 46: -Located on the site oEthe existing pool as an extension to Pazking Structure C - 4 levels above grade - or - I levelbelow and 4 levels above grade -. Allows far arange oE385-480 spaces - - - Provides an immediate opportunity for thedevelopment of a Camprss Quad Santa Monica College Master Plan Bari ~S~ d7 [~ ~~~~ GEN SLER CSGS K0.KU ASSOC. UVE ARUP PCR PSOMAS SWA ZEGCH ETTG ARCHITECTS ~i-~kJ SANTA MONICA COLLEGE MASTER PLAN LOCATION OF THE PARKING LOT B REPLACEMENT Positioning the parking structures on the perimeter, creating a vehicle free interior campus for people, is one. of the fundamental goats of the Master Plan. Except for option 4, that will extend Parking Structure C to the interior of the campus (but uses same means for entrance/exit), alt other options are located on the perimeter. Options la,lb: - Located on the original site of the Parking Structure B - Four levels above grade or two levels below and four levels above grade - Allows for a range of 385-580 parking spaces Options 2a,26: - Located on the site of the existing Liberal Arts/Admissions site - Three levels below grade or two levels below and four levels above grade - Allows for a large under and or above ground parking, range of 650-1290 spaces Options 3a,36: - Located on the Pico edge - One or two levels below grade - Allows for a large underground parking, range of 360-720 spaces - Provides an immediate opportunity for development of an entry to the college and a good location for the Liberal Arts/student services buildings Options 4a,46: - Located on the site of the existing pool as an extension to the Parking Structure C - Four levels above ground or one level below and four levels above grade - Allows for a range of 385-480 spaces - Provides an immediate opportunity for development of a Campus Quad Gensler -Page 14 n ~ s SANTA MONICA COLLEGE- MASTER PLAN SUMMARY OF ANALYSIS PHASE Traffic, Circulation and Parking An analysis of the parking and tiaffic conditions on and around the campus reveals few surprises and many challenges. Approximately 700 pazking spaces were lost due to the effects of the earthquake. An additional 194 spaces are currently unavailable due to the construction of the Science Building. Parking Stmcture B was demolished because of irreparable damage and temporary buildings have been placed on surface pazking azeas. With FEMA funds, a shuttle system was instituted between the main campus and additional space near the airport campus to provide additionalparking for a limited time. A second shuttle operates between the Madison campus and the main campus as well. Today there aze approximately 2,000 pazking spaces on the main campus. This inventory is supplemented by approximately 1,000 spaces on the satellite campuses combined. Most of the residential streets surrounding the College aze in preferential pazking zones which permit on street pazking by residents only during class hours. The original zone was established in 1988 and expanded twice, in 1991 and 1996. Fortunately, the College is well served by public transit, the Santa Monica Blue Bus. Bus stops are located on Pico Boulevard and Peazl Street. The bus stop on Pico is crowded with students on a daily basis and reinforces the sense of entry and front door along. the Pico edge. The majority of cars entering campus pazking structures and lots also enter along the Pico edge. All along Pico there is heavy traffic circulation in and out of the pazking structures at the comer of 16'" Street, and the main lot east of the Administration Complex. Circulation for service vehicles is circuitous. Some access ways are dead-ends with minimal room for turning around in order to exit. Other routes pass through parking azeas or aze walkways that are shazed by pedestrians. Again, there is little organization to existing circulation routes and the limited space causes conflicts between pedestrians and vehicles. A goal of the master planning process is to establish a well defined circulation system that will duect and guide both people and cazs as they movethrough and around the campus Gensler Page 8 rv: SANTA MONICA COLLEGE FACILITIES 1VIASTEIt Pd~AN PUBLIC OUTREACH MEETINGS May 13,•1997 Meeting with City Staff May 21,1997 5:30p.m. Public Meeting May 27, 1997 5:30 p.m. Public Meeting May 28, 1997 3:00 p.m. Public Meeting May 29, 1997 11:00 a.m. Public Meeting May 29, 1997 7:00 p.m. Public Meeting May 30, 1997 8:30 a.m. Public Meeting May 31, 1997 10:00 a.m. Public Meeting. June 03, 1997 8:30 a.m. Public Meeting June 03, 1997 2:00 p.m. Public Meeting June 03, 1997 5:30 p.m. Public Meeting June 04, 1997 3:00 p.m. Public Meeting June 04, 1997 7:00 p.m. Public Meeting. June 09, 1997 3:00 p.m. Public Meeting The Santa Monica College Facilities Master Plan was presented at each of the above public meetings. Parking is orie of the elements of the Master Plan. ,. n ;t r i I %~ ... - - ~~~~,fYta. _ - .. .. .:,233.. x .._ ., v . .~ ... .,. n~-~arnn~,~s Parking tudents who drive may either park on the main campus, one of the satellite campuses, or use the shuttle - - /~ lots at the Santa Monica Airpon. Planning 6//. where you park is important because street g30 for either the Summer or Winter. parking in the sunounding neighborhood session): Peanits aze sold in-personat ~ - is restricted on weekdays and on Monday Station C. Students with disabIlides should 77 s. Campus park- contacttheCenterforSmdentsWith Shutl~le ~.SatCllZt2 ing permits aze Disabilities regazding on-campus parking. ~ ~dYYZZ7ZZSPdYJZZnQ NOT VALID on -- these restricted ~ ynportant caution: Because car alarms _ streets. aze disruptive to other students and our ecause of the earthquake and the Neighbors, cats in the pazking stmctures damage to one of the parking stmc- Student per- ~~ activated alarms will be TOWED ones, the College is providing addi- mits for park- IMMEDIATELY at your expense - uonal free parking and shuttle service from. ing on the - the Ai ort Shuttle Lots. You do not need main CompUS Relevant Telephone Numbers ~ cost $$0 per Parking Information (3to) 43a43oo a permit to pazk at the shuttle lots, the center for Swdents With Disabilities (310) 434-0265 Madison Campus, of the Ai[pOIt (;arI1pU6. semester (and College Police (310) 434-0300 However a pazking permit u required - - - - on the main tampus and the Academy - - - ~ campus. - ( ~~~ r 178 ,,~ r ~~i- Z / - P\ a \ Fe . 2~ e~. o o- ~: ~ mP C~ Q~ \~ ~ ~ ~ \\ r\ ~'°~ 0 a3 e1' QP P F t O a a,~~~ ~~ ;,~, ''~e~ ~; a' ! 1 .7 q~ ~ 'crz ~'.. d ~ ,~ '.: ~ _'' ~;s 'Ihe Big Blue Shuttle Bus operates from 6:45 am to 10:20 pm every 15 minutes from the Airport Shuttle Lot and Airpon Campus Monday thm'Ihursday and from 6:45 am to 3 pm Friday. An inter-campus Transit Pool operates from the Academy on the half-hour, from 7:40 am to 5 pm Monday thm Thursday "Ihe Transit Pool schedule varies, and times will not be eXaCL 3. Bicycles may be parked only in designated bicycle racks. eirydes parked outside the designated areas may not interfere with pedertriah safety or the per- formance of duties by gardeners or custodian. 4. Motorcycles, mopeds, and bigdes may not be taken Inside buildings, and may not be ridden indoors. 5. The use of skateboards, roller skates, or roller blades. B prahlbhed on campus.. 6. Impounded vehicles will not be released until licensed In accordance with stated Santa Monies College Codes and only after proof of ownership is shown and alt appropriate fees are paid. onto Monica College has always enjoyed a unique geographital advantage. We re easy to get to by bus. The Santa Monica Munitipal Bus Lines (the Big Blue) offers three direct tines io campus. When coupled with the Los Angeles Mevo -and the Culver City Bus system, there isri t a community on the Westside you can't reach. Route maps and schedules aze available at the College Bookstore or through the bus lines themselves. FARES & PASSES L An 1 M tro _ -_ Regular Fare (Exact change required). - f1.35 Transfer 0.25 Student (12 units or more) -Monthly Pass 90.00 Applications are available at the Auxiliary Services Office (in Room 104F, Administrative complex). Regular Fare (ExaR change required) f 0.50 Tokens 10 for 4.50 Available at SMC Bookstore or Big Blue office. Stutlent Discount Card (thru age 20) ID rides for 4.00 Available at Big B/ve Bus Office. Seniors (62 years and older) 025 Wiffi Medicare Card or DMV Senior ID Card. Handicapped ~ 0.25 Wi[h DMV Handicapped ID Card or Handicapped ID Card Eton Big Blve Bus Office. Transfers Free To Metro or Culver City 0.25 1`> 1.._ Relevart Telephone Numbers FC/'nrt j"7ft CP College Police (310) 4344300 - AirportCampusinformation (310)434-0229 - Motorcycles, Mopeds, e' Bi f Pr otorcyde and moped parking is free, with a spedally designated lot in the center of tampus. Use the kiosk entrance to campus on Pico, and rum to the right. Bicycle racks are conveniently located at several points on campus: by the ESL building at the southwest Comer of tam- pus, at both ends of the Silence Pllage, and the Gymnasium. Rules for motorcycles, mopeds, bi les skates and skateboards 1. All motorcycles or mopeds on the College campus mart be licensed and regirtered with the State of California. 2. Motorcycles and mopeds may be parked only in des- ignated motorcycle and moped areas. Illegally -- parked matatgdes, mopeds, and bicycles will be ' cited, and/or towed and impounded or students, staff and faculty attendmg - the evening sessions, the College pro- - videswalking escons wiildn the College community boundaries of Delawaze Street, 21st Stxeet,~~Ocean Pazk Boulevard and 14th Street. This service is provided FREE and operates between 7:30 pm and 10:30 pm, Monday through Thursday To reach the Escort Service, simply dial 4300 from any telephone on campus. An Escort will meet you anywhere within the service area and walk you to your destination: The aim of the Escort Service is to protect all members of our College community. Your safety is one key element to quality education.' R I vant Tele hone Numbers Escort Service (from campus phone) 4300 College Police-General Information (310)4344300_ Regular Fare (Exact change required) f 0.60 Trarssfers Free To Metro or.Big Blue 0.25 Student Dittourrt Pass (under 23 years) 10 rides for 4.00 Available at SMC Bookstore. Relevant Telephone Numbers __ _ Metro Information (213) 6264455 West lABeverly Hilts Office (310) 2T3-0910 Big Blue Information (310)451-5445 Culver Ciry Transit Information (310) 559-8310 or 202-5731 SMC 8ookrtore (310) 434-0258 Auxiliary Services Office (310)4344255 is t ::. ~ ,: Ito Santa Monica Community College District ALTERNATIVE TRANSPORTATION SUBSIDY CLAIM FORM and MONTIiLY GRAND PRIZE DRAWING ENTRY Soc. Sec. PRINT-Last name, First name, M.I. Total days worked at Santa Monica College during the month: INSTRUCTIONS FOR COMPLETION OF THIS FORM: 1. Print yourname, social security number and department above. 2. Mark the appropriate commute mode for each day of the month. Use N for each day that you did not work at Santa Monica College. * 3. Indicate the total number of days worked for the month. 4. Obtain immediate manager's signature. 5. Sign and date form. 6. Submit this form to Risk Management within 10 days following the month indicated. Sunday Monday Tuesday Wednesday Thursday Friday Saturday Work ® U *Total days worked at Santa Monica College during the month: Signature of Immediate Manager Campus Phone Date I have read the Rules of Eligibility for the Alternative Transportation Subsidy and Prize Drawing. The information I have provided on this form is true and accurate. I understand that if I provide false information, I may be ex- cluded from participation in all Santa Monica College alternative transportation incentives. Signature Campus Phone Date TTH E T r, ; ~,`i NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT: A Public Hearing will be held by the City Council on the following request: Development Agreement 98DA003, Final Environmental Impact Report 98EIR004, 1900 Pico Boulevard APPLICANT: Santa Monica Community College WHEN: Tuesday September 19, 2000 WHERE: Council Chambers 7:00 p.m. 1685 Main Street, Room 213 Santa Monica, California PROJECT DESCRIPTION Ordinance for introduction and first reading approving Amendment Number Two and Restatement of the Development Agreement between the City of Santa Monica and the Santa Monica Community College District to allow the construction of a 486 space, 30 foot high, five level parking garage. The project replaces the former Parking Structure B which was demolished due to damage from the 1994 Northridge Earthquake. The project consists of the removal of the existing Santa Monica municipal pool and construction on that site of an approximately131,600 square foot parking structure. The parking structure height will not exceed 30 feet above Average Natural Grade, matching the height of the adjacent Parking Structure C. The existing municipal pool is being replaced by a new Municipal Pool facility which is currently under construction at the western edge of the Santa Monica College. Campus on the 16'h Street frontage. The proposed project will be located directly adjacent to the eastern end of existing Parking Structure C, between the technology building to the north and the Physical Education building to the south. The proposed five level parking structure consists of one level of subterranean parking, one level of at-grade parking and three levels of above grade parking, which includes roof top parking. In addition to the structure itself, the project will include a new driveway access to and from the College's .Pico Boulevard entrance at 17th Street and a small surface. parking that is accessible only from. the proposed parking structure and contains 19 of the 486 parking spaces. The existing Pico Boulevard entrance will be widened to accommodate vehicular access to the new structure. The entrance will also be reconfigured to improve internal campus access to Parking Structure A, and to provide access to the new Municipal .Pool facility. The project will be connected to the existing Parking Structure C via ramps at each floor. The proposed Development Agreement amendment permits the- construction of the Parking Structure B Replacement on the site of the existing municipal pool which is being relocated to a site that is governed by the Development Agreement. In addition to allowing the construction of the facility, the Development Agreement amendment vests the development entitlements for the project on this specific site, incorporates the Environmental Impact Report mitigation measures and requires specific conditions for the development. The following Council actions are required: amendment of the Development Agreement and approval of the proposed parking structure; adoption of a Statement of Overriding Considerations; and certification of the Final, Environmental Impact Report evaluating the environmental impacts of the project. The Final Environmental Impact Report prepared for the proposed Parking Structure B replacement is available at the City Planning Division Public Counter. HOW TO COMMENT You may. comment at the City Council public hearing, or by writing a letter. Written information received before 3:00 p.m. on the Wednesday before the hearing will be given to the City Council in their packet. Information received after that time will be given to the City Council prior to the meeting. Address your letters to: City Clerk 1685 Main Street, Room 102 Santa Monica, CA 90401 MORE INFORMATION If you want more information about this project, please call Sarah Lejeune, Associate Planner w/o Parking Structure B Replacementat (310) 458-8341: Santa Monica Bus Lines #1, #2, #3, #7 and #8 serve City Hall. The meeting facility is handicapped accessible. If you have any disability-related request, please contact (310) 458-8701 or TTY (310) 458- 8696 at least three days prior to the event. 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 EI Concilio Municipal de la Ciudad de Santa Monica tendra una audencia pubtica para revisar applicaciones proponiendo desarrollo en Santa Monica. Para mas informacion, Ilame a Carmen Gutierrez al numero (310) 458-8341. APPROVED AS TO FORM JA . TREVWO, AICP PI n ing Manager ~~ r- : , F:\PPD\SHARE\EI RTEMPS\SMCGarage\SMCeirreso.doc City Council Meeting 9-12-00 Santa Monica, California RESOLUTION NO. 95so (ccs) (City Council Series) A RESOLUTION OF THE CITY COUNCIL . OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE SANTA MONICA COLLEGE PARKING STRUCTURE B REPLACEMENT AT 1900 PICO BOULEVARD WHEREAS, a Notice of Preparation of an Environmental Impact Report was issued in June, 1999; and WHEREAS, a Notice of Completion of a Draft Environmental Impact Report was published in November, 1999, in compliance with the California Environmental Quality Act and the City of Santa Monica CEQA Guidelines; and WHEREAS, the Draft Environmental Impact Report was circulated fora 45-day period; and WHEREAS, in July , 2000, the Final Environmental Impact Report was published; and WHEREAS, the Planning Commission has reviewed and considered the contents of the Final EIR in its decision-making process; and - ~ J ~} WHEREAS, in July, 2000 the Planning Commission recommended certification of the Final EIR; and WHEREAS, on September 19, 2000 the City Council, as Lead City Agency, reviewed the Final Environmental Impact Report,. NOW, THEREFORE,. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council has reviewed and considered the information contained in the Final Environmental Impact Report on the Santa Monica College Parking Structure B Replacement project located at 1900 Pico Boulevard prior to acting on the project. SECTION 2. The City Council certifies that the Final EIR for the projected was presented to the City Council, that the Final EIR for the project was completed in full compliance with State law and City CEQA Guidelines; that there was adequate public review of the Draft Environmental Impact Report, that it has considered all comments on the Draft Environmental Impact Report and responses to comments, that the -Final Environmental Impact Report adequately discusses all significant environmental issues, that the Final Environmental Impact Report reflects the independent judgement and analysis of the City, and that the City Council has reviewed and considered the information contained in the Final Environmental Impact Report in its decision-making process prior to approving the project: - j J J SECTION 3. The City Clerk shall certify to the- adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ,~ MARSHA J. MOUTRIE City Attorney n._~~~ TTCH IUI E 1' F:\PPD\SHARE\EIRTEMPS\SMCGarage\SMCSOC.doc City Councif Meeting 09-19-00 Santa Monica, California RESOLUTION NO._95s1 (ccs) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING THE CEQA FINDINGS NECESSARY TO APPROVE AMENDMENT NUMBER TWO TO THE DEVELOPMENT BETWEEN THE CITY OF SANTA MONICA AND SANTA MONICA COLLEGE AUTHORIZING THE DEVELOPMENT OF THE PARKING STRUCTURE B REPLACEMENT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND ADOPTING A MITIGATION MONITORING PLAN. WHEREAS, an Environmental Impact Report has been prepared which analyzes the environmental effects of the Parking Structure B Replacement Development Agreement Amendment; and WHEREAS, the Planning .Commission recommended certification of the Final Environmental Impact report; and WHEREAS, the City Council as Lead Agency, reviewed the Final Environmental Impact Report in full compliance with State law and City CEQA Guidelines, and WHEREAS, on September 19, 2000, the City Council certified that the Environmental Impact Report for the Santa Monica College Parking Structure B Replacement Development Agreement Amendment was prepared ih full compliance with State law and City CEQA Guidelines; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: 1 SECTION 1. 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, and as detailed ih Fihal EIR Sections 3.1, 3.2,3.3, 3.4, and 3.6, the City Council finds that there are no significant impacts for geology and soils, air quality, noise, aesthetics and shadows oriand use and neighborhood effects. SECTION 2. The Final EIR determined that without mitigation the project could _ result in significant impacts on traffic during construction. Consistent with Article Vl, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15091 of the State CEQA Guidelines, ahd as detailed in Final EIR Section 3.5, the City finds that the following mitigation measures which have been required of the project will reduce or mitigate the construction impacts on traffic which are created by the project to below a level of significance: (1) Phase One Construction Traffic. If the new Municipal Pool Facility is not open during construction of Phase One, no access mitigation measures would be needed as no impacts would be anticipated. If the Municipal Pool is open, the measures below are recommended to mitigate temporary construction access impacts during construction of Phase One. (a) Vehicular access shall be provided from the Pico Boulevard/17`h Street College entrance to Parking Structure Cvia atwo-way roadway. Vehicles exiting Parking Structure C shall exit the campus through Parking Structure A or via the Pico Boulevard/171° Street Driveway. (b) Conversion of the east-west access road to Structure C from two-way to one-way (except for emergency two-way access) shall not occur until all construction is complete. After completion of construction, vehicles shall exit Structure C via the below grade driveway to the Pico Boulevard/17`" Street campus driveway. 2 ~, -, (2) Phases Two and Three Construction Traffic. If the new Municipal Pool Facility is not open during construction of Phases Two and Three, no access mitigation measures would be needed, as no impacts would be anticipated. 1f the Municipal Pool. is open, the measures below are recommended to mitigate temporary construction access impacts during construction of Phases Two and Three. (a) Increase the storage capacity for westbound left-turn vehicles on Pico Boulevard at 18th Courf/SMC driveway by delineating a longer left-turn lane within the existing Pico Boulevard median by 250 feet. This increased storage capacity shall be accomplished for the duration of construction Phases Two and Three. Prohibit left-turn movements from eastbound Pico Boulevard to northbound 19th Street (one-half block east of the Lot 1 driveway/18th Court).. (1) Move the attendant control point for visitors entering Lot 1 from its existing location on the inbound driveway into Lot 1 itself. The existing attendant booth could remain in its current location to simplify its reuse after construction, but shall not be utilized-during these construction phases. (b) Exiting traffic on the internal driveway must be controlled so as to permit unimpeded flows of inbound vehicles turning left to enter Lot 1. (c) Stripe pedestrian crosswalks across the temporary internal Structure C access road at key locations with high .pedestrian activity. Provide appropriate advance warning signage along-the access road in advance of the crosswalks and post the access road for a low speed limit of 15 miles per hour. (d) Prohibit use of the new supply of parking spaces in the Parking Structure B Replacement until completion of construction of the Structure B access system in construction Phases Two and Three, even if construction of the parking structure itself is completed sooner. (e) If the new Municipal Pool Facility is opened prior to completion of construction Phases Two or Three, provide appropriate temporary signage within Structure A to guide entering and exiting pool users through the structure. Exiting pool users shall be routed to the Structure A Pico Boulevard driveway for traffic destined to the east and to the Structure A 16th Street driveway (which is right-turn-out-only) for traffic headed to the west on Pico Boulevard. Information regarding temporary pool traffic routings shall also be included in pool promotional materials (e.g., bulletin. board notices, mailer inserts, swim meet materials). (f) Prohibit construction during the first two weeks of the semester (during busiest periods of campus enrollment), and schedule construction Phases Two and Three to occur during periods of lower traffic and parking demands on the SMC campus. (3) Construction Period Parking. Any construction work requiring the temporary removal of parking spaces in Structure C shall be scheduled when SMC classes are not in session. SECTION 3. The Final EIR determined that without mitigation, the project could result in significant impacts due to traffic at the Pico Boulevardl17'" Street entrance. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15091 of the State CEQA Guidelines, and as detailed in Final EIR Section 3.5, the City finds that the. significant environmental effects as identified below can be reduced but cannot feasibley be avoided'or mitigated to below a level of significance. Nevertheless these impacts are found to be acceptable due to overriding considerations as discussed in Section 6. (a) While the project was determined to have a significant impact of a three second delay at peak AM hours and a significant impact of a one second delay at peak PM hours at the west bound Pico Boulevard intersection with the 1 Th Street entrance., due to an insufficient storage capacity for westbound left turns, the mitigation listed below can reduce the impact, but not mitigate it to below a level of significance. (1) Modify the traffic signal at Pico Boulevard and the College entrance at 17th Street to provide fully-protected demand actuated overlapping left turn phasing on the east and west Pico Boulevard approaches. (b) While the project was determined to have a significant impact at the west bound Pico Boulevard intersection with the 17"' Street entrance, the proposed mitigation 4 measure of doubling and extending the westbound left turn pocket on Pico Boulevard would be ihfeasible because this additional left turn lane would require the removal of 13 metered parking spaces on the south side of Pico Boulevard, east of the College driveway entrance. The permanent Toss of 13 metered parking spaces would itself be a significant impact given the high demand for parking in the area for businesses, residents, and College users. Parking is a premium use and the permanent loss of any parking that is available to the general public significantly impacts the community. Additionally, the removal of 13 public parking spaces would have greater impacts than the reduction in the level of service if the second left turn lane were not installed. While the EIR further recommended that the public metered spaces be replaced on the College Campus along the internal access road between Structure A and the Business Building, given their location, these public metered spaces on private property would result in these spaces only being used by College users rather than the general public. Consequently, the identified impact would not be mitigated even if the spaces could be relocated. Since the dual left turn lane mitigation measure results in the permanent loss of 13 public spaces, the impact of which cannot be mitigated, it was determined that the dual left turn lane is infeasible. SECTION 4. 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 additional significant environmental traffic effects as identified below cannot feasibly be avoided or mitigated to below a level of significance. s Nevertheless, these impacts are found to be acceptable due to overriding considerations as discussed in Section 6. (a) The, final EIR determined that without mitigation the project could result in significant traffic capacity impacts due to projected generated traffic at the intersection of 23`d Street and Ocean Park Boulevard (at AM peak hours), the intersection of the College entrance at 17"' Street and Pico Boulevard (at AM and PM peak hours) and the intersection of 20`" and Pearl Streets (at AM peak. hours). However, as detailed _ below, there are no feasible .mitigation measures for these impacts. (b) While the project was determined to have a significanf traffic impact of increase in capacity at the intersection of 23rd Street and Ocean Park Boulevard due to a delay of one second in the AM peak hours, the proposed mitigation measure to add a short left turn lane pocket is infeasible. This mitigation would increase the speed of traffic on 23`d Street and increase the number of cars using this street due to the increase in speed. Because 23rtl Street is a residential street, and has been subject to the City's implementation of traffic calming measures to reduce the speed and flow of traffic, the proposed mitigation measure would be contrary to established City practices on this street. The delay of one second at this intersection is more consistent with City plans to slow area. traffic and is, therefore, a preferable impact to the. increase of speed and traffic flow that would be caused by implementing this mitigation measure. 6 (c) The additional traffic at the intersection of Pearl and 20`h Street due to the project would be limited to 5-10 trips per day during peak hours. While this was determined to have a significant traffic impact, the implementation of the mitigation measure of a traffic signal at this intersectidn would produce longer queuing in the residential neighborhood, resulting in vehicles avoiding the intersection and dispersing throughout the neighborhood. This would have a greater environmental impact than the benefit of a traffic signal since the queuing impacts could not themselves 6e mitigated. The proposed mitigation would create an ongoing impact that would be more detrimental to the neighborhood than the delay at the .intersection if the mitigation is not implemented, and is therefore determined to be an infeasible mitigation measure (d) The final EIR also determined that without mitigation the project could result in significant traffic impacts in the category of neighborhood impacts. The analysis showed an increase of 28 vehicle trips, for a less than 1 % increase in total trips, on 14'" Street both north and south of Pearl Street and an increase of 38 vehicle. trips, for a less than one percent increase on 16`h Street south. of Pearl Street. It was determined that these impacts cannot be mitigated with standard neighborhood traffic controls such as curb extensions and speed bumps without diverting the impact of additional traffic to neighboring streets. Such mitigation measures would simply shift the impacts from one neighborhood to another, rather than reduce these impacts to below a level of significance. Therefore, mitigation measures such as turn restrictions, speed bumps; and curb extensions are considered infeasible and. a Statement of Overriding Considerations is recommended for these impacts. SECTION 5. The CEQA mandated environmentally superior alternative was found to be the Reduced Project Alternative. The Reduced Project Alternative is not feasible as it does not meet the key objective of the project to ensure adequate parking for the current needs of the college. The Reduced Project Alternative proposes a fewer number df spaces than the project, and does not fully replace the number of spaces that were lost due to the earthquake. The Reduced Project Alternative also fails to address the College's objective to reduce the impacts of inadequate parking on the surrounding neighborhood. None of the other alternatives considered, including the No Project Alternative, an off-site location Pearl and 20`" Streets, and other on-site locations on the College campus were determined to be feasible, because they could ndt meet the objectives of the. project to replace parking that was lost due to the Northridge. Earthquake, to locate the parking structure at a site that had fewer impacts to the adjacent residential neighborhoods, and to improve on-campus circulation, thereby improving circulation and reducing traffic on the surrounding streets. SECTION 6. As fully described in Section 3, the Final EIR found that the project would result in significant unavoidable adverse impacts on traffic. Consistent with 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 project outweigh its unavoidable environmental impacts based do the following reasons: (a) The construction of the Parking Structure B Replacement will provide a significant s public benefit. The parking spaces lost due to the Northridge earthquake will be replaced, and the College will more adequately be able to provide parking on the college campus for their students, reducing parking impacts on the neighboring streets. (b) Parking Structure B Replacement is located at the interior of the campus, and will not impact the surrounding residential neighborhood in terms of noise, .glare or aesthetics. (c) The construction of the parking Structure B Replacement will improve the internal access and circulation, providing enhanced pedestrian safety, improving traffic circulation throughout the campus, and preventing drivers from looking for parking by exiting the campus and circulating on public streets. SECTION 7. Consistent with Public Resources Code Section 21081.6, the City Council adopts the. Mitigation Monitoring Plan, which is included as Attachment A, to mitigate or avoid significant effects of the Project on the environment and to ensure compliance during project implementation. SECTION 8. Consistent with Section 21081.6(d} of the California Environmehtal Quality Act, the documents which constitute the record of proceedings for approving this project are located in the Planning and Community Development Department, 1685 Main 9 Street, Room 212,. Santa Monica, California. The custodian of these plans- is Sarah Lejeuhe Associate Planner in the City Planning Division of the Planning and Community Development. SECTION 9 ~ The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ,1 ~ i. ~i-. MARSHA JONES MOUTRIE City Attorney Attachment A: Mitigation Monitoring Table. io ATTACHMENT A To Resolution Adopting Statement of Overriding Consisderations .Mitigation Monitoring Santa Monica College Parking Structure B Replacement SANTA MONICA COLLEGE PARKING STRUCTURE B REPLACEMENT PROJECT MITIGATION MONITORING PROGRAM Monitoring to Monitoring Compliance Mitigation Measures/Condition of Approval Action Required Occur Frequency/Timing Responsible Entity Verification Traffic DA Mitigation Measure 1: Phase One Construction Vehicular entrance Adherence to During project SMC Planning and Traffic. conversion., temporary excavation and Community construction throughoux construction. Development, If the new Municipal Pool. Facility is not open during vehicular City,of Santa construction of Phase One, no access mitigation measures circulation _ Monica would be needed as no impacts would be anticipated. If the pattern. Municipal Pool is open: - (a) Vehiculaz access shall be provided from the Pico Boulevard/17`x' Street College entrance to Parking Structure C via a two-way roadway. Vehicles exiting Parking Structure C shall exit the campus through Parking Swcture A or via the Pico Boulevard/17`h Street Driveway. (b) Conversion of the east-west access road to Structure C from two-way tonne-way (excep[ for emergency two-way access) shall not occur until all construe[ion is comple[e. At [he completion of construction, vehicles shall exit Structure C via the below grade driveway to the Pico Boulevard/17`h Street campus driveway. DA Mitigation Measure 2: Phases Two and Three Accommodate During project Throughoux project SMC Planning and Construction Traffic. projected turning construction. construction. Community volumes and Development, If the new Municipal Pool Facility is not open during facilitate inbound City of Santa construcxion Phases Two and Three, no access mitigation peak flows at the _ Monica measures would be needed, as no impacts would be 18th Coun/Lot anticipated. If the Municipal Pool is open the measures 1/Pico Boulevard below are recommended to mitigate temporary intersection construction access impacts during construction of Phases Mitigation Measures/Condition of Approval Action Required Monitoring to Occur Monitoring Frequency/Timing Responsible. Entity Compliance Verification Two and Three. (a) Increase the storage. capacity for westbound left-turn vehicles on Pico Boulevard at 18th Court/SMC driveway by delineating a longer left-turn lane within the existing Pico Boulevard median by 250 feet. This increased storage capacity shall be accomplished for the duration of construction Phases Two and Three. Prohibit left-turn movements from eastbound Pico Boulevard to northbound 19th Street (one-half block east of the Lot 1 driveway/18th Court). (1) Move the attendant control point for visitors encering Lot 1 from its existing location on the inbound driveway into Lot 1 itself. The existing attendant booth could remain in its current location to simplify its reuse after construction, but shall not be utilized during these construction phases. (b) Exiting traffic on the internal driveway must be controlled so as to permit unimpeded flows of inbound vehicles turning left to enter Lot 1. (c) Stripe pedestrian crosswalks across the temporary _ internal Structure C access road a[ key locations with high pedestrian activity. Provide appropriate advance warning signage along the access road in advance of [he crosswalks and post the access road for a low speed limit of 15 miles per hour. (d) Prohibit rise of the new supply of parking spaces in the Parking Structure B Replacement until after completion of construction of the Structure B access system in construction Phases Two and Three, even if construction of the parking structure itself is completed sooner. (e) If the new Muriicipal Pool Facility is opened prior to completion of construction Phases Two or Three, provide appropriate temporary signage within 2 Monitoring to Monitoring Compliance Mitigation Measures/Condition of Approval Action Required Occur Frequency/Timing Responsible Entity Verification Structure A to guide entering and exiting pool users through the structure. Exiting pool users shall be routed [o [he Structure A Pico Boulevard driveway for traffic destined to the east and to the Structure A 16th Street driveway (which is right-turn-out only) for traffic headed to the west on Pico Boulevard. Information regarding temporary pool traffic routings shall also be included idpoo] promotional materials (e.g., bulletin boazd notices, mailer inserts, swim meet materials). (f) Prohibit construction during the first two weeks of the semester (during busiest periods of campus enrollment), and schedule construction Phases Two and Three to occur during periods of lower traffic and pazking demands on the SMC campus. DA Mitigation Measure 3: Construction Period Construction work Prior to project Throughout project SMC Planning and Parking. requiring removal of construction. construction Community the spaces shall be Development, The construction work requiring removal of the spaces in scheduled when City of Santa Structure C shall be scheduled when SMC classes are not in SMC classes are not Monica session. in session. DA Mitigation Measure 4: Modify the traffic signal ax Modify traffic signal Prior to To be in place before SMC/City of Santa Planning and Pico Boulevard and the College entrance a[ 17th8treet to at the College completion of new entrance is utilized. Monica Community provide fully-protected demand actuated overlapping left entrnace Phase Three Development, turn phasing on the east and west Pico Boulevazd City of Santa approaches. Monica Transportation Management Adopted and approved this 3rd of October, I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 9581 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 3i° of October, 2000, by the following vote: Ayes: Council members: .Holbrook, Rosenstein, Feinstein, Bloom, Mayor Pro Tem O'Connor Noes:. Council members: McKeown, Mayor Genser Abstain: Council members: None Absent: Council members: None ATTEST: Maria M. Stewart ~~~ ~' f 'S !-. CA:flatty\mu n i\laws\adoptdaord2.wpd City Council Meeting 9-19-00 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING AMENDMENT NUMBER TWO TO AND RESTATEMENT OF DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, AND THE SANTA MONICA COMMUNITY COLLEGE DISTRICT AND THE BOARD OF TRUSTEES OF THE SANTA MONICA COMMUNITY COLLEGE DISTRICT THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amendment Number Two to and Restatement of Development Agreement attached hereto as Exhibit. 1 and incorporated herein by reference between the City of Santa Monica, a municipal corporation, and the Santa Monica Community College District and the Board of Trustees of the Santa Monica Community College District is hereby approved. SECTION 2. Each and every term and condition ofAmendment NumberTwo to and Restatement 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 1 necessity, public convenience, and general welfare require that any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Development Agreement, to the extent of such inconsistencies and no further, be repealed or modified to thatextent necessary to make fully effective the provisions of this Development Agreement. SECTION 3. Any provision ofthe Santa Monica Municipal Code orappendices 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 ofthis Ordinance. The City Clerk shall cause the same to be published once z in the official.-newspaper within 15 days after its adoption: This Ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: MARSHA JOl~;tj MOUTRIE City Attorney F:\ATTYiM UNI\LAWS W doptDAOrd2.wpd I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 9580 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 3`d of October, 2000, by the following vote: Ayes: Council members Holbrook, Rosenstein, Feinstein, Bloom, Mayor Pro Tem O'Connor Noes: Council members: Abstain: Council members: Absent: Council members: McKeown, Mayor Censer None None ATTEST: o.JCT Maria M. Stewart