O2310CA:f\atty\muni\laws\St. Monica's DA Ordinance0427102d
City Council Meeting 4-27-10 Santa Monica, California
ORDINANCE NUMBER 2310 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
SANTA MONICA, A MUNICIPAL CORPORATION, THE ARCHDIOSESE OF LOS
ANGELES EDUCATION AND WELFARE CORPORATION AND THE ROMAN
CATHOLIC ARCHBISHOP OF LOS ANGELES
WHEREAS, on August 12, 2008, the Archdiocese of Los Angeles Education
and Welfare Corporation, a California non-profit religious corporation and the Roman
Catholic Archbishop of Los Angeles, a California corporation sole, submitted an
application for a development agreement for the proposed Campus Enhancement
and Parking Improvement Plan which would consist of the demolition of the existing
Pastoral Center, construction of a new Community Center with three levels of
subterranean parking (154 parking spaces), construction of a six classroom addition
to the High School East building, and renovation of the existing auditorium,
gymnasium. and other facilities; and
WHEREAS, an Environmental Impact Report has been prepared which
analyzes the environmental effects of the development agreement; and
WHEREAS, on April 13, 2010, the City Council adopted a resolution certifying
that the Final Environmental Impact Report was prepared in full compliance with
State law and City CEQA Guidelines; and
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WHEREAS, on the same. date, the City Council subsequently adopted a
resolution making the necessary CEQA findings and adopting a statement of
overriding considerations; and
WHEREAS, the development agreement is consistent with the General
Plan, as detailed in the accompanying City Council staff report for this proposed
project and exhibits thereto,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Development Agreement attached hereto as Exhibit 1
and incorporated herein by reference between the City of Santa Monica, a
municipal. corporation, and the Archdiocese of Los Angeles Education and
Welfare Corporation, a California non-profit religious corporation, and the Roman
Catholic Archbishop of Los Angeles, a California corporation sole, is hereby
approved.
SECTION 2. Each and every term and condition of the Development
Agreement approved in Section 1 of this Ordinance shall be and is made a part of
the Santa Monica Municipal Code and any appendices thereto. The City Council
of the City of Santa Monica finds that public necessity, public convenience, and
general welfare require that any provision of the Santa Monica Municipal Code or
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appendices thereto inconsistent with the provisions of this Development
Agreement, to the extent of such inconsistencies and no further, be repealed or
modified to that extent necessary to make fully effective the provisions of this
Development Agreement.
SECTION 3. Any provision of the Santa Monica Municipal Code or
appendices thereto, inconsistent with the provisions of this Ordinance, to the
extent of such inconsistencies and no further, are hereby repealed or modified to
that extent necessary to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, oi- phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of
any court of any competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council hereby declares that
it would have passed this Ordinance, and each and every section, subsection,
sentence, clause, or phrase not declared invalid or unconstitutional without regard
to whether any portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. The City Clerk shall cause the same to be published
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once in the official newspaper within 15_days after its adoption. This Ordinance
shall be effective 30 days from its adoption.
APPROVED AS TO FORM:
Approved and adopted this 27th day of April, 2010.
Pam O'Connor, Mayor Pro Tem
State of California )
County of Los Angeles.) ss.
City of Santa Monica )
I, Denise Anderson-Warren; Acting City Clerk of the City of Santa Monica, do hereb~
certify that the foregoing Ordinance No. 2310 (CCS) had its introduction on April 13t ,
2010, and was adopted at the Santa Monica City Council meeting held on April 27th,
2010, by the following vote:
Ayes: Council members: McKeown, Shriver, Davis, Holbrook, O'Day, Bloom
Mayor Pro Tem O'Connor
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
A summary of Ordinance No. 2310 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
Denise Anderson-Warren, Acting City Clerk