SR-06-25-2013-7FCity of
City Council Report
m
Santa bioniea
City Council Meeting: June 25, 2013
Agenda Item: 7+ —F-
To: Mayor and City Council
From: David Martin, Director of Planning and Community Development
Subject: Crossroads School for Arts & Sciences Proposed Development
Agreement
Recommended Action
Staff recommends the City Council Introduce for first reading the attached ordinance
adopting Development Agreement 12DEV013 with Crossroads School to construct a
new three -story science learning center and temporary modular classrooms at 1731 20th
Street.
Executive Summary
Crossroads School for Arts & Sciences proposes to construct a new three -story, twelve -
classroom science learning center at 1731 20th Street in the LMSD Light Manufacturing
Studio District. The site currently contains two buildings with five classrooms that would
be removed as part of the project resulting in seven net new classrooms. The proposed
project also includes the installation of three temporary modular classrooms during the
construction of the new science learning center. With the adoption of the Interim Zoning
Ordinance (IZO) in March 2011, the project is required to be reviewed through a
Development Agreement process.
The site is located in the Industrial Conservation
and Circulation Element (LUCE) of the General
the LUCE while other aspects of the project su
and other standard zoning requirements will
Agreement. As proposed, the project is consider
meet all Zoning Code development standards
(FAR) requirement of 1.5 with a proposed 1.77 F
provide a total of 235 parking spaces for the Ci
spaces required by Code.
land use designation of the Land Use
Plan. Project compliance is limited to
;h as height, floor area ratio, parking,
be established by the Development
ed a Tier 2 project that is designed to
except the maximum floor area ratio
AR. The applicant is also proposing to
'ossroads campus, instead of the 236
The community benefits that have been negotiated as part of the Development
Agreement include the following:
• An undeveloped area 10 feet in width along the southern property line of the
subject site reserved for the future development and public use of the Michigan
Avenue Greenway bike path
• An enhanced Transportation Demand Management (TDM) plan
• Photovoltaic panels and photovoltaic -ready roof
• Pico Neighborhood outreach and prioritization for Summer Program enrollment
and financial aid
• LEEDO Gold equivalency
The City is the owner of a 772 square feet remnant parcel within the project site, and
Crossroads must acquire that parcel before the project may be commenced.
Accordingly, the Agreement's conditions of approval provide that no building, grading,
demolition, or excavation permit may be approved for the project until Crossroads has
obtained fee ownership of all of the project property, including the remnant parcel. As
discussed further in this report, staff will return to Council expeditiously with a separate
request to authorize the City Manager to negotiate and execute the concurrent sale of
the remnant parcel to Crossroads and City acquisition of an additional easement for the
Michigan Avenue bike path on the adjacent property to the east also owned by
Crossroads.
The following issues should be considered by the City Council in its review of the
proposed project:
• Whether the proposed design and site plan are appropriate and compatible with
the neighborhood and the subject site.
• Whether the proposed plan and proposed community benefits are consistent with
the objective, goals, general land uses, and programs specified in the general
plan.
Background
The subject property is located on the east side of 20th Street between Olympic
Boulevard and the Santa Monica Freeway at the southern end of the Crossroads
School campus in the LMSD (Light Manufacturing and Studio District). The Crossroad
School campus is comprised of a variety of single and multi -story buildings bounded by
20th Street to the west, Olympic Boulevard to the north, 21St Street to the east, and the
freeway to the south. Twentieth Court alley intersects the campus between the north
and south ends. Within the Crossroads campus a three -story arts building and one and
two -story classroom buildings are located across the alley to the east, and a two -story
classroom building is located adjacent to the north of the project site. A two -story auto
2
repair building and a westbound onramp to the Santa Monica Freeway are located
across the 20th Street to the west, and multi - family residential buildings are located
across the freeway to the south.
Project site — 1730 20th Street
On March 11 2011, the IZO established interim development procedures pending
implementation of the LUCE and required that all Tier 2 and 3 projects be developed
pursuant to a Development Agreement. At 41 feet in height and a 1.77 FAR, the subject
project is considered a Tier 2 project as it exceeds the 32 foot height and 1.5 FAR limits
of a Tier 1 project in the Industrial Conservation land use element district. The subject
Development Agreement application was subsequently filed on October 18, 2012 by the
applicant for the proposed project.
3
On February 12, 2013, the City Council reviewed guidelines regarding the processing of
Development Agreements and the prioritization of DA applications. The Council
identified certain types of projects that merit priority processing, and these included
projects involving educational facilities. Given this priority designation and the limited
nature and scope of the proposed project, Commission and Council float -up hearings
were not conducted, and the project is before the Council for formal review.
Community Meeting and Public Input
On November 26, 2012, approximately 30 members of the public attended an initial
community meeting at Virginia Avenue Park to learn about and provide feedback on the
proposed project. City staff explained the Development Agreement process to the
participants and how the project is in the initial phases of conceptual review. After a
detailed project presentation by the applicant, the majority of the meeting was spent
allowing members of the community to provide their initial thoughts on the project. Most
of the attendees were supportive of the proposed project with several members of the
public proposing programs for the school to incorporate more local students and
opportunities for children not enrolled in the school to utilize the new facilities.
Development Agreement Overview
A Development Agreement is a contract between the City and an applicant that
authorizes the type and amount of development that may occur within a specific period
of time. Development Agreements typically provide applicants with guaranteed
development rights in exchange for public benefits. A Development Agreement must
comply with the General Plan but can establish different development standards than
provided by zoning regulations.
0
Discussion
Project Description
The proposed three -story, 41 -foot high science building would contain approximately
23,856 square feet of classroom and support space. The first floor would contain five
classrooms and a prep room. The second floor would contain three classrooms, a fume
hood room, a prep room, and restrooms. The third floor would contain four classrooms
and a prep room, and the roof level would contain mechanical equipment and a small
accessible, green roof. The rooms would serve as active and passive classroom and lab
spaces for a variety of scientific disciplines. A two -story special projects pavilion would
be connected to the north side of the main science building via open walkways. The
special projects pavilion will house interdisciplinary special project rooms on the ground
and second floors and an outdoor gathering space open to the sky on the third level.
The proposed building would be set back ten feet from the southern property line as a
ten -foot wide utility easement containing utility poles exists along the length of the south
side of the property.
Proposed Science Building
Existing Utility Easement Ti o,
173120" Street— proposed site plan
The proposed project also includes the installation of three temporary modular
classrooms, at the north end of the school campus adjacent to 20th Street and Olympic
Boulevard (see Sheet A2.1 of the project plans), during the construction of the new
science learning center. The modular classrooms would not be installed until a
demolition permit has been issued for the existing buildings on site and would be
removed within six months of the completion of the new science building.
The originally proposed project design for the DA submittal was of an industrial style
building that utilized an extensive system of glass curtain walls throughout its prominent
street elevations. This curtain wall system created a one - dimensional design that lacked
architectural details, design elements, and visibility into the building.
Initial design rendering as viewed from 20th Street
Staff worked with the applicant to modify the design of the proposed building. A revised
design was submitted by the applicant that incorporated additional materials and
architectural elements including expansive corrugated metal panels, horizontal and
vertical window bands, projecting photovoltaic panel walls on the south elevation, and
concrete walls. The special projects pavilion was proposed to be constructed of rammed
earth and copper panels.
7
Revised design rendering as viewed from 20'" Street
On February 4, 2013, the Architectural Review Board preliminarily reviewed the revised
project design at the request of the applicant and provided initial design comments. The
Board in general responded favorably to the building design but remarked that
additional improvements could be made. In particular, the Board believed that the new
building provided an opportunity to focus out towards the community as opposed to
representing a school boundary and a building that focused inwards to the campus. It
commented that the expansive use of corrugated metal panels and photovoltaic
surfaces on the south elevation created a disjunctive fagade that did not represent a
pedestrian scale and could use more transparency. In addition, while the glass curtain
wall along 20th Street provided visibility into the building, it lacked unique architectural
details and design elements. The Board believed the building could be viewed as a
gateway location along 20th Street and the freeway and should be designed to make a
more visual impact that still balanced an appropriate design scale given its context.
0
The applicant submitted a revised design (below) that seeked to address the Board's
comments.
Current design rendering as viewed from 2e Street
The overall building design is more appropriate given the surrounding context of
educational, light industrial, and residential buildings. Both the 20th Street and freeway
elevations incorporate a more unique glazing pattern that utilize metal panel shadow
boxes and photovoltaic panels to add visual interest and variety. The photovoltaic
panels are thin glass panels that provide a unique design feature along both elevations
while the shadow boxes will interplay with changing light conditions and further enhance
the exterior of the building. The additional glazing provides visibility into the building,
and the additional concrete along the south elevation provides a contrast in material to
the laminated glass stair enclosure at the east end of the building. The north side of the
building exhibits the exterior activity with its walkways and decks that lead to the
classroom entrances, and the two -story special projects pavilion provides a contrast in
shape and design to the main science building to reflect its unique use. Staff would
9
continue to work with the applicant to further improve the design of the building prior to
formal review of the project by the Architectural Review Board.
Current design rendering as viewed from 20'" Court alley
Proposed Development Agreement
As proposed, the project is considered a Tier 2 project, and pursuant to the IZO all Tier
2 and 3 projects are required to be reviewed through a Development Agreement
process. The proposed project meets all current development standards for the LMSD
zoning district except the maximum floor area ratio (FAR) requirement of 1.5 with a
proposed 1.77 FAR. The applicant is also proposing to provide 235 parking spaces
instead of the 236 spaces required by Code. The additional classrooms are intended for
the existing school population and will not increase student enrollment.
City staff began the Development Agreement negotiation process with the applicant,
and after receiving recommendations from the 'Planning Commission, worked to reach
agreement on the provisions of the proposed DA, included as Attachment C.
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Community Benefits
The applicant and City staff have agreed on the following community benefits:
Use of Existing Ten -Foot Wide Easement for Future Bike Path
The principal negotiated community benefit is the exclusive use of the existing ten -foot
wide utility easement along the southern boundary of the subject property for the use of
a public bike path.
10 -foot wide undeveloped area on the subject site for future development of the Michigan Avenue
Neighborhood Greenway bike path
The applicant's grant of an easement of this portion of their property to the City
represents a significant contribution towards realizing the vision of the Michigan Avenue
Neighborhood Greenway identified in the City's recently adopted Bike Action Plan. The
Michigan Avenue Neighborhood Greenway project is a 3.5 -mile east -west corridor
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generally running along Michigan Avenue with a beach connection on its west end and
various separated bike path or shared use path connections on its east end. The ten
feet wide area of the parcel represents a critical connection to establish the bike path
linkage.
The negotiation to help establish this linkage represents a cooperative effort by the
applicant to contribute towards the overall width of the bike path along this portion of the
property. The initial project design included two exit doors on the ground floor of the
building into the ten -foot easement area. This would have reduced the usable width of
the easement for the bike path in order to accommodate the opening of the exit doors
and paved walkways. Staff has worked with the applicant to facilitate the redesign of the
interior ground floor circulation and eliminate the need for the exit doors along the south
elevation, resulting in the availability of the entire ten -foot width for the bike path. The
remaining width of the bike path, ideally 16 feet overall, and bike path configuration
would require separate discussions and negotiations between the City and Caltrans, the
owner of the land to the south of the subject property. Relocation of existing utilities
along the easement would require coordination with other agencies and companies.
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Michigan Avenue Neighborhood Greenway: 20 -year Corridor Build Out
A key connection within the series of bike paths is the need for a two -way path along
the north side of the freeway to close a gap in the proposed bike path between 20th
Street and 21St Street. While the subject DA includes the proposed community benefit of
the ten feet in width along the southern property line of the subject property for the
future development and public use of the bike path, the continuation of the path on the
adjacent property to the east, also owned by Crossroads School, is integral to complete
the connection from 20th Street to 21St Street.
As stated above, the acquisition by Crossroads of a City -owned remnant parcel within
the project site is a condition precedent to the issuance of building and other technical
permits for the project. Crossroads and City staff have been negotiating proposed terms
for the disposition of the subject remnant parcel at 1731 -1733 20th Street, and those
terms will be presented to Council in a separate staff report on a future agenda. That
staff report will also propose terms for the City's acquisition of an interest in the adjacent
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property to the east to ensure that land area is available for a bike path that would
complete the link between 20th Street and 21St Street.
PROPOSED
SCIENCE
nnu nikin
\ I -10 FREEWAY
21sT
STREET
Proposed Michigan Avenue Neighborhood Greenway bike path between loth Street and 218t Street
Transportation Demand Management (TDM) Plan
The applicant proposes the following TDM Plan be implemented and maintained as
summarized below:
• Employee Transportation Coordinator: A designated Coordinator who will
continue to manage all aspects of the TDM Plan.
• Performance Targets and Monitoring: The school will prepare and file
Employee Trip Reduction Plans for its sites (or a multi -site plan) that meets or
exceeds the requirements of SMMC Section 9.16.
• AVR Requirements: An employee Average Vehicle Ridership (AVR) goal of
1.6 for AM and PM �eak periods, increasing to 1.75 upon opening of the
Olympic Boulevard /26t Street and Colorado Avenue /17th Street Exposition light
rail stations.
• Charge for Parking: Employees that drive to work in single- occupancy vehicles
will be charged for parking on campus.
• Financial Incentives for Alternative Means of Transportation: Employees who
walk, bike, carpool, take public transportation, or otherwise arrive at school
through means other than single- occupancy vehicles will receive financial
incentives.
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• Transportation Information Center: On -site information for employees and
students about local public transit services, bicycle facilities, and walking and
biking maps.
• Transit Subsidy In Lieu of Parking: All newly -hired employees who do not
purchase monthly automobile parking will be offered a free public transit pass.
Employees who utilize public transit for commuting to and from school will be
reimbursed at least 50% for the cost of purchasing a public transit pass.
• Guaranteed Return Trip: Van pool, car pool, transit reliant employees will be
provided a return trip when a personal emergency situation or unplanned
business - related activity requires it.
• Programs Aimed at Upper and Middle School Students and Parents:
• A transportation coordinator.
• Annual "Safe Routes To School' bicycle and pedestrian training
programs for students and parents.
• "Bike to School' day /week celebrations and other events.
• Transit and walking /biking information in registration packets.
• Promotion of carpooling, biking, walking, and transit via newsletters
and parent meetings.
• Transit/biking option on any flyers, advertisements, etc. where parking
information is provided.
• Bus service and rideshare information in school bulletins and special
announcements for each of the outreach groups.
• On -line and /or personalized matching services to encourage and
support carpooling to events, school, and services.
• Personalized trip planning assistance for students during registration
process and as requested.
• Data collection about how middle and upper school students travel to
and from school.
• Student Parking: School will charge students who drive to school in a single -
occupancy vehicle.
• Bicycle Parking: A minimum of 50 bicycle parking spaces for employees,
students, and visitors and will increase bicycle parking on an as- needed basis.
• Carpool Parking: Free or reduced -rate preferential parking for employees who
commute to work in employer registered carpools.
• Transportation Management Association (TMA): Participation in the formation
of a geographic -based TMA that may be defined by the City.
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Photovoltaic Panels
Photovoltaic panels would be utilized along the building elevations, and a portion of the
roof of the science building will be designed and constructed to accommodate potential
future installation of photovoltaic panels.
Pico Neighborhood Outreach and Prioritization for Summer Program
Crossroads School would perform annual targeted community outreach for school -aged
children and their parents residing within the Pico neighborhood for Summer Program
enrollment and financial aid.
LEEDO Requirement
The project would incorporate sustainable design features with the goal of attaining the
number of points commensurate with achieving LEEDS credits equivalent to a Gold
certification under the LEEDO Rating System. If the project does not achieve the
number of points commensurate with achieving a LEEDO Gold certification, the project
would be required to obtain LEEDS Silver Certification.
Planning Commission Action
On May 1, 2013, the Planning Commission recommended that the City Council approve
the Development Agreement with specific project recommendations for the City
Council's consideration:
® Strengthen the TDM Plan to include the requirements of the school's existing
Employee Trip Reduction Program and more proactive incentives to
encourage employee and student use of alternative transportation.
The applicant has added features to the TDM Plan including incentives and
programs to encourage utilization of alternative transportation and avoidance
of single- occupancy vehicle trips including charging for on -site parking and
providing subsidies for public transit passes. The applicant will also collect
data on the travel patterns of middle and upper school students for
consideration of future TDM measures.
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• Provide racks for 100 bicycles initially, increasing to 150 spaces upon
opening of the Exposition Light Rail.
The applicant has proposed to increase the number of bicycle parking spaces
as necessary to meet peak bicycle parking demand.
• Prevent Crossroads employees and students from parking on surrounding
residential streets.
The applicant has added a requirement that notifies Crossroads students,
parents, and employees to not park in surrounding residential areas.
• Provide annual outreach and prioritization to the Pico Neighborhood for
enrollment and financial aid.
The applicant will perform annual targeted community outreach for school -
aged children and their parents residing within the Pico Neighborhood for
Summer Program enrollment and financial aid.
• Require LEEDO Gold equivalency or LEEDO Silver Certification.
The project will incorporate sustainable design features with the goal of
attaining the number of points commensurate with achieving LEEDO credits
equivalent to a Gold certification under the LEEDO Rating System.
• Provide a solar -ready roof.
A portion of the roof of the science building will be designed and constructed
to accommodate potential future installation of photovoltaic panels.
• The Council and ARB should pay particular attention to how the building
design affects energy efficiency and the project's ability to achieve its LEEDO
requirement, how science can be expressed to the public through the
project's design, how the south fagade relates to the bike path, and ensuring
that the 20th Street fagade appears like the front of the building.
General Plan Consistency
1731 20th Street is located in the Industrial Conservation land use element designation.
The LUCE vision for the Industrial Conservation district conserves the City's small light
industrial, and service and commercial uses that have traditionally populated the
industrial zone and allows the continued use of private schools and other nonprofit and
community uses.
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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 consistent with LUCE Policy D27.4 of the Industrial Conservation
District, the proposed project continues and expands an existing school by adding
seven net new classrooms. Consistent with Policy D27.10 the project utilizes a variety
of heights, forms, and materials to create visual interest and avoids uniformly flat roofs
or cornices in order to create an interesting skyline. The implementation of a
Transportation Demand Management (TDM) plan in order to reduce vehicle trips in the
area and reduce associated parking demand is consistent with LUCE Circulation Policy
T19.2 which calls for the imposition of appropriate TDM requirements for new
development. Furthermore, the project is consistent with LUCE overall land use policies
by incorporating community benefits including, but not limited to, an undeveloped area
ten (10) feet in width along the southern property line of the subject site reserved for the
future development of the Michigan Avenue Greenway bike path and a TDM plan that
promotes shared parking, bicycle facilities, and transit subsidies.
Alternatives
In addition to the recommended action, the City Council could consider the following
with respect to the project:
1. Continue discussion for analysis of additional options with agreement from the
applicant.
2. Not enter into the Development Agreement which allows the building to be
completed as authorized by its Administrative Approval without the provision of
the negotiated community benefits.
Environmental Analysis
The proposed three -story, 12- classroom, building is exempt from the provisions of the
California Environmental Quality Act pursuant to CEQA Section 15314 which exempts
minor additions to existing schools within existing school grounds where the addition
18
does not increase school capacity by more than 25% or ten classrooms, whichever is
less. Specifically, the proposed project will not result in increased school enrollment
and will only increase capacity by seven overall classrooms. Therefore, based on the
above, the proposed project is exempt from CEQA pursuant to Section 15314.
Financial Impacts & Budget Actions
Staff costs for the Development Agreement process are paid from application fees.
There is a wide range of public benefits that the developer will be required to provide
pursuant to the Development Agreement negotiations. There is no immediate financial
impact or budget action necessary as a result of the recommended action.
Prepared by: Tony Kim, Senior Planner
Approved:
David Martin, Director
Planning and Community Development
Attachments:
Forwarded to Council:
Rod Gould
City Manager
A. Draft Ordinance Adopting Development Agreement 12DEV013
B. Development Agreement Finding
C. Proposed Development Agreement
D. Public Notification
E. Project Plans and Renderings
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ATTACHMENT A
Draft Ordinance Adopting Development Agreement 12DEV013
(•PZIl
City Council Meeting: 6 -25 -13 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
SANTA MONICA, A MUNICIPAL CORPORATION, AND THE CROSSROADS
SCHOOL FOR ARTS AND SCIENCES, A CALIFORNIA NONPROFIT CORPORATION
WHEREAS, The Crossroads School for Arts & Sciences ( "School') proposes to
construct a new three -story, 41 -foot high, twelve - classroom science learning center at
1731 20th Street, located in the Industrial Conservation land use element designation,
that will contain approximately 23,856 square feet of classroom and support space; and
WHEREAS, the approval of the proposed three -story, 12- classroom, building is
exempt from the provisions of the California Environmental Quality Act pursuant to
CEQA Section 15314, which exempts minor additions to existing schools within existing
school grounds where the addition does not increase school capacity by more than 25%
or ten classrooms, whichever is less; and
WHEREAS, the development agreement is consistent with the objectives,
policies, general land uses and programs specified in the General Plan, as described
1
below, and as detailed in the accompanying City Council staff report prepared for this
proposed project and the exhibits thereto, including but not limited to:
(a) LUCE Policy D27.4, the proposed project continues and expands an existing
school.
(b) LUCE Policy D27.10, the project utilizes a variety of heights, forms, and
materials to create visual interest and avoids uniformly flat roofs or cornices in order to
create an interesting skyline.
(c) LUCE Circulation Policy T19.2, which calls for the imposition of appropriate
TDM requirements for new development, the project requires implementation of a
Transportation Demand Management (TDM) plan in order to reduce vehicle trips in the
area and reduce associated parking demand.
WHEREAS, the project is consistent with LUCE land use policies because it
incorporates community benefits including, but not limited to, a bike path easement
reserved for the future development of the Michigan Avenue Greenway bike path in
furtherance of the City's Bike Action Plan; photovoltaic panels and a photovoltaic panel-
ready roof; and, a Pico Neighborhood Outreach Summer Program.
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 by and between the City of Santa Monica, a municipal
2
corporation, and The Crossroads School for Arts & Sciences, a California nonprofit
corporation, is hereby approved.
SECTION 2. Each and every term and condition of the Development Agreement
approved in Section 1 of this Ordinance shall be and is made a part of the Santa Monica
Municipal Code and any appendices thereto. The City Council of the City of Santa
Monica finds that public necessity, public convenience, and general welfare require that
any provision of the Santa Monica Municipal Code or 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, 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,
3
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 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:
MA S A JO ES MOUTRIE
City ttor�iey
ll
EXHIBIT 7
DEVELOPMENT AGREEMENT
(See Attachment C)
21
ATTACHMENT B
Development Agreement Finding
22
DEVELOPMENT AGREEMENT FINDING
1. The proposed Development Agreement is consistent with the objectives, policies,
general land uses and programs specified in the general plan and any applicable
specific plan, in that consistent with LUCE Policy D27.4 of the Industrial
Conservation District, the proposed project continues and expands an existing
school. Consistent with Policy D27.10 the project utilizes a variety of heights,
forms, and materials to create visual interest and avoids uniformly flat roofs or
cornices in order to create an interesting skyline. The implementation of a
Transportation Demand Management (TDM) plan in order to reduce vehicle trips
in the area and reduce associated parking demand is consistent with LUCE
Circulation Policy T19.2 which calls for the imposition of appropriate TDM
requirements for new development. Furthermore, the project is consistent with
LUCE overall land use policies by incorporating community benefits including,
but not limited to, an undeveloped area ten (10) feet in width along the southern
property line of the subject site reserved for the future development of the
Michigan Avenue Greenway bike path and a TDM plan that promotes shared
parking, bicycle facilities, and transit subsidies.
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ATTACHMENT C
Proposed Development Agreement
24
Recording Requested By:
City of Santa Monica
When Recorded Mail To:
City of Santa Monica
Santa Monica City Attorney's Office
1685 Main Street, Third Floor
Santa Monica, CA 90401
Attention: Senior Land Use Attorney
Space Above Line For Recorder's Use
No Recording Fee Required
California Govenunent Code Section 27383
DEVELOPMENT AGREEMENT
BETWEEN
CITY OF SANTA MONICA
AND
THE CROSSROADS SCHOOL FOR ARTS AND SCIENCES
.2013
22000 /Docs /Crossroads DA 06.14.13
TABLE OF CONTENTS
Recitals............................................................................................................
...............................
1
Article1
Definitions ................................................................................ ..............................3
Article 2
Description of the Project ....................................................... ...............................
5
2.1
General Description ................................................................ ...............................
5
2.2
Principal Components of the Project ...................................... ...............................
5
2.3
No Obligation to Develop ....................................................... ...............................
5
2.4
Vested Rights ........................................................................... ..............................6
2.5
Permitted Uses ........................................................................ ...............................
8
2.6
Significant Project Features and LUCE Community Benefits ..............................
8
2.7
Parking .................................................................................... .............................15
2.8
Design ..................................................................................... .............................15
Article3
Construction ............................................................................ .............................16
3.1
Construction Mitigation Plan .................................................. .............................16
3.2
Construction Hours ................................................................. .............................16
3.3
Outside Building Permit Issuance Date .................................. .............................17
3.4
Construction Period ................................................................ .............................17
3.5
Damage or Destruction ........................................................... .............................17
3.6
Possession of Property ............................................................ .............................17
3.7
Completed and Final Landmarks Commission Review of Property
...................18
Article 4
Project Fees, Exactions, and Conditions ................................. .............................18
4.1
Fees, Exactions, and Conditions ............................................. .............................18
4.2
Conditions on Modifications ................................................... .............................18
4.3
Implementation of Conditions of Approval ............................ .............................18
22000 /Docs /Crossroads DA 06.14.13
Article 5
Effect of Agreement on City Laws and Regulations .............. .............................18
5.1
Development Standards for the Property; Existing Regulations .........................18
5.2
Permitted Subsequent Code Changes ..................................... .............................19
5.3
Common Set of Existing Regulations ..................................... .............................21
5.4
Conflicting Enactments ........................................................... .............................21
5.5
Timing of Development ........................................................ ...............................
21
Article 6
Architectural Review Board ................................................... .............................22
6.1
Architectural Review Board Approval ................................. ...............................
22
6.2
Concurrent Processing ............................................................ .............................22
Article 7
City Technical Permits .......................................................... ...............................
22
7.1
Definitions ............................................................................... .............................22
7.2
Diligent Action by City ......................................................... ...............................
22
7.3
Conditions for Diligent Action by the City ........................... ...............................
23
7.4
Duration of Technical City Permits ...................................... ...............................
24
7.5
[Reserved] ............................................................................. ...............................
24
Article 8
Amendment and Modification .............................................. ...............................
24
8.1
Amendment and Modification of Development Agreement ...............................
24
Article9
Term ........................................................................................ .............................25
9.1
Effective Date ....................................................................... ...............................
25
9.2
Tenn ........................................................................................ .............................25
Article 10
Periodic Review of Compliance ........................................... ...............................
25
10.1
City Review .......................................................................... ...............................
25
10.2
Evidence of Good Faith Compliance ...................................... .............................25
10.3
Information to be Provided to School ................................... ...............................
26
10.4
Notice of Breach; Cure Rights ................................................ .............................26
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10.5
Failure of Periodic Review ................................................... ...............................
26
10.6
Termination of Development Agreement ............................... .............................26
10.7
City Cost Recovery ................................................................. .............................26
Article11
Default ..................................................................................... .............................26
11.1
Notice and Cure .................................................................... ...............................
26
11.2
Remedies for Monetary Default ............................................ ...............................
27
11.3
Remedies for Non - Monetary Default ................................... ...............................
27
11.4
Modification or Termination of Agreement by City ............. ...............................
29
11.5
Cessation of Rights and Obligations ..................................... ...............................
30
11.6
Completion of Improvements ............................................... ...............................
30
Article12
Mortgagees .............................................................................. .............................31
12.1
Encumbrances on the Property ............................................. ...............................
31
Article 13
Transfers and Assignments ................................................... ...............................
33
13.1
Transfers and Assignments ................................................... ...............................
33
13.2
Release Upon Transfer .......................................................... ...............................
33
Article14
Indemnity to City .................................................................... .............................33
14.1
Indemnity .............................................................................. ...............................
33
14.2
City's Right to Defense ......................................................... ...............................
34
Article 15
General Provisions .................................................................. .............................34
15.1
Notices .................................................................................. ...............................
34
15.2
Entire Agreement; Conflicts ................................................. ...............................
35
15.3
Binding Effect ....................................................................... ...............................
35
15.4
Agreement Not for Benefit of Third Parties ......................... ...............................
35
15.5
No Partnership or Joint Venture ........................................... ...............................
36
15.6
Estoppel Certificates ............................................................... .............................36
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15.7 Time ........................................................................................ .............................36
15.8 Excusable Delays .................................................................... .............................36
15.9 Governing Law ..................................................................... ...............................
37
15.10 Cooperation in Event of Legal Challenge to Agreement ........ .............................37
15.11 Attorneys' Fees ....................................................................... .............................38
15.12 Recordation ............................................................................. .............................38
15.13 No Waiver ............................................................................... .............................38
15.14 Construction of this Agreement .............................................. .............................38
15.15 Other Governmental Approvals ............................................ ...............................
38
15.16 Venue ..................................................................................... .............................39
15.17 Exhibits ................................................................................. ...............................
40
15.18 Counterpart Signatures ............................................................ .............................40
15.19 Certificate of Performance ...................................................... .............................40
15.20 Interests of School ................................................................... .............................40
15.21 Operating Memoranda ............................................................ .............................40
15.22 Acknowledgments, Agreements and Assurance on the Part of School ...............41
15.23 Not a Public Dedication .......................................................... .............................41
15.24 Other Agreements ................................................................. ...............................
42
15.24 Severability and Termination .................................................. .............................42
Exhibit "A" Legal Description of the Property
Exhibit "B" Project Plans
Exhibit "C" Permitted Fees and Exactions
Exhibit "D" Conditions of Approval
Exhibit "E" SMMC Article 9 (Planning and Zoning)
Exhibit "F" Bike Path Easement Area
Exhibit "G" [Reserved]
Exhibit "H" Construction Mitigation Plan
Exhibit "I" Assigrmient and Assumption Agreement
Exhibit "J" Interim Modules Plan
22000/Docs /Crossroads DA 06.14.13
DEVELOPMENT AGREEMENT
This Development Agreement ( "Agreement "), dated 12013
( "Effective Date "), is entered into by and between THE CROSSROADS SCHOOL FOR
ARTS AND SCIENCES, a California nonprofit corporation ( "School "), and the CITY
OF SANTA MONICA, a municipal corporation organized and existing pursuant to the
laws of the State of California and the Charter of the City of Santa Monica (the "City"),
with reference to the following facts:
RECITALS
A. Pursuant to California Government Code Section 65864 et seq., Chapter
9.48 of the Santa Monica Municipal Code, and Santa Monica Interim Ordinance No.
2356 (collectively, the "Development Agreement Statutes "), the City is authorized to
enter into binding development agreements with persons or entities having a legal or
equitable interest in real property for the development of such real property.
B. School has operated as a nonprofit private school since 1971. School's
campus for its upper and middle schools primarily consists of parcels located adjacent to
21st Court between I -10 Freeway and Olympic Boulevard.
C. School is the owner of approximately 12,641 square feet of land in the
City of Santa Monica, State of California, commonly known as 1731 -1733 Twentieth
Street, as more particularly described in Exhibit "A -1" (the "School Property "), and City
is the owner of approximately 772 square feet of land in the City of Santa Monica, State
of California, as more particularly described in Exhibit "A -2" (the "Remnant Parcel ")
(collectively, the "Property"). The conditions of approval to this Agreement provide
that no building, grading, or excavation permit may be approved for the Project until
School has obtained fee ownership of all of the Property, including the Remnant Parcel.
D. The City has included the Property within the Industrial Conservation land
use designation under the City's recently adopted Land Use and Circulation Element of
its General Plan (the "LUCE "). To aid in the redevelopment of the Property, the City
and School desire to enter into this Agreement to allow School to construct a new science
facility for the middle and upper schools.
E. On October 18, 2012, School filed an application for a Development
Agreement, pursuant to Santa Monica Municipal Code ( "SMMC ") Section 9.48.020
(the "Development Application "). The Development Application was designated by the
City as Application No. DEV 12 -013. The Development Application is for the
development of a science learning center to house specialty classrooms as part of its
existing school campus and is more fully described in this Agreement (the "Project ").
F. On April 26, 2011, the City Council adopted Interim Ordinance No. 2356
( "IZO "). The City Council extended and /or modified the IZO on several occasions
thereafter. The IZO prohibits the issuance of permits for development projects which
would constitute a Tier 2 or Tier 3 project as established pursuant to LUCE Chapter 2.1
22000 /Does /Crossroads DA 06.14.13
Page I
or which would exceed 32 feet in height in the Downtown Core as delineated in the Land
Use Designation Map approved by the City Council on July 6, 2010 unless developed
pursuant to a development agreement adopted in accordance with SMMC Chapter 9.48.
Adoption of this Agreement will allow for the issuance of permits for the Project.
G. School has paid all necessary costs and fees associated with the City's
processing of the Development Application and this Agreement.
H. The primary purpose of the Project is to combine and improve Crossroads'
science classrooms from its various upper and middle school buildings into a single
science facility. The Parties desire to enter into this Agreement in conformance with the
Development Agreement Statutes in order to achieve the development of the Project on
the Property.
I. The City Council has determined that a development agreement is
appropriate for the proposed development of the Property. This Agreement will
(1) eliminate uncertainty in planning for the Project and result in the orderly
development of the Project, (2) assure installation of necessary improvements on the
Property, (3) provide for public infrastructure and services appropriate to development of
the Project, (4) preserve substantial City discretion in reviewing subsequent development
of the Property, (5) secure for the City improvements that benefit the public,
(6) otherwise achieve the goals and purposes for which the Development Agreement
Statutes were enacted, and (7) to allow School to proceed with its Tier 2 project prior to
the City's new zoning ordinance being adopted.
J. This Agreement is consistent with the public health, safety, and welfare
needs of the residents of the City and the surrounding region. The City has specifically
considered and approved the impact and benefits of the development of the Project on the
Property in accordance with this Agreement upon the welfare of the region. The Project
will provide a number of significant project features and community benefits, including
without limitation the following: a grant of an easement for future development and
public use of a portion of the Michigan Avenue Greenway bike path, enhanced
educational opportunities for students through development of a science center, a TDM
Plan, LEED Certification of at least Silver level (or, alternatively, achieving the
equivalency of a Gold level of points regardless of certification), outreach to the Pico
Neighborhood and prioritization for the Pico Neighborhood for School's summer
program, and photovoltaic panels.
K. The City Council has found that the provisions of this Development
Agreement are consistent with the relevant provisions of City's General Plan, including
the LUCE.
L. On October 30, 2012, School filed demolition permit applications for the
existing buildings located on the Property (12PC1339 and 12PC1340). On November 12,
2012, the City's Landmarks Commission reviewed the existing buildings located on the
Property and took no action to nominate or further evaluate any of the existing buildings.
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Page 2
M. On February 4, 2013, the City's Architectural Review Board conducted a
conceptual review of the Project and rendered comments that are reflected in the Project
Plans.
N. On May 1, 2013, the City's Planning Commission held a duly noticed
public hearing on the Development Application and this Agreement. The Commission
recommended that the City Council approve the Development Agreement.
O. On June 25, 2013, the City Council held a duly noticed public hearing on
the Development Application and this Agreement and at such hearing the City made the
necessary California Environmental Quality Act ( "CEQ ") findings that the Project
qualifies for an exemption from CEQA pursuant to California Code of Regulations, Title
14, Chapter 3, Section 15314 and introduced Ordinance No. for first reading,
approving this Agreement.
P. On , 2013, the City Council adopted Ordinance No.
approving this Agreement.
NOW THEREFORE, in consideration for the covenants and conditions
hereinafter set forth, the Parties hereto do hereby agree as follows:
ARTICLE 1
DEFINITIONS
The terms defined below have the meanings in this Agreement as set forth below
unless the context otherwise requires:
1.1 "Agreement" means this Development Agreement entered into between
the City and School as of the Effective Date.
1.2 "ARB" means the City's Architectural Review Board.
1.3 "Building" means a three -story structure with an accessible roof as shown
on the Project Plans (defined below).
1.4 "City Council" means the City Council of the City of Santa Monica, or its
designee.
1.5 "Discretionary Approvals" are actions which require the exercise of
judgment or a discretionary decision, and which contemplate and authorize the
imposition of revisions or additional conditions, by the City, including any board,
commission, or department of the City and any officer or employee of the City.
Discretionary Approvals do not include Ministerial Approvals.
1.6 "Effective Date" has the meaning set forth in Section 9.1 below.
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Page 3
1.7 "Floor Area" has the meaning as defined in Section 9.04.02.030.315 of
the Zoning Ordinance, except that pursuant to Land Use and Circulation Element Policy
D27.4 rooftop areas for school activities shall not count in calculation Floor Area Ratio
(defined below).
1.8 "Floor Area Ratio' and FAR" means floor area ratio as defined in
Section 9.04.02.030.320 of the Zoning Ordinance.
1.9 "General Plan' or "City General Plan" means the General Plan of the
City of Santa Monica, and all elements thereof including the LUCE, as of the Effective
Date unless otherwise indicated in this Agreement.
1.10 "Including" means "including, but not limited to."
1.11 "Interim Modules Plan' means the plan for the Interim Modules that is
attached to this Agreement as Exhibit "J ".
1.12 "LEED® Rating System" means the Leadership in Energy and
Environmental Design (LEED®) Green Building Rating System for New Construction &
Major Renovations adopted by the U.S. Green Building Council.
1.13 "Legal Action' means any action in law or equity
1.14 "Maximum Floor Area" means 30,179 square feet of Floor Area.
1.15 "Ministerial Approvals" mean any action which merely requires the City
(including any board, commission, or department of the City and any officer or employee
of the City), in the process of approving or disapproving a permit or other entitlement, to
determine whether there has been compliance with applicable statutes, ordinances,
regulations, or conditions of approval.
1.16 "Parties" mean both the City and School and "Party" means either the
City or School, as applicable.
1.17 "Pico Neighborhood" means the area in the City of Santa Monica
bounded by Santa Monica Boulevard from Lincoln Boulevard to 20th Street and
Colorado Boulevard from 20th Street to Centinela Avenue on the north, Pico Boulevard
on the south, Centinela Avenue and the City limits on the east and Lincoln Boulevard on
the west.
1.18 "Pico Neighborhood Association' means that certain California
nonprofit corporation named Pico Neighborhood Association.
1.19 "Planning Director" means the Planning Director of the City of Santa
Monica, or his or her designee.
1.20 "Project Plans" mean the plans for the Project that are attached to this
Agreement as Exhibit `B."
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Page 4
1.21 "Zoning Ordinance" means the City of Santa Monica Comprehensive
Land Use and Zoning Ordinance (Chapter 9.04 of the SMMC), and any applicable
Interim Zoning Ordinance, as the same are in effect on the Effective Date, is set forth
within Exhibit `B" (Planning and Zoning).
ARTICLE 2
DESCRIPTION OF THE PROTECT
2.1 General Description. The Project includes all aspects of the proposed
development of the Property as more particularly described in this Agreement and on the
Project Plans. If there is a conflict or inconsistency between the text of this Agreement
and the Project Plans, the Project Plans will prevail; provided, however, that omissions
from the Project Plans shall not constitute a conflict or inconsistency with the text of this
Agreement.
2.2 Principal Components of the Proms. The Project consists of the
following principal components, as well as the other components delineated in the Project
Plans, all of which are hereby approved by the City subject to the other provisions of this
Agreement: (a) Demolition and removal of the two existing school buildings, including
five classrooms, and surface parking, (b) installation of interim replacement classroom
modules ( "Interim Modules ") consistent with the Interim Modules Plan and the
Conditions of Approval specified in Exhibit "D ", and (c) construction of a new three -
story structure with an accessible roof, which will contain 12 specialty classrooms and
related facilities as shown on the Project Plans.
2.3 No Obligation to Develop.
2.3.1 Except as specifically provided herein:
(a) Nothing in this Agreement shall be construed to require
School to proceed with the construction of the Project or any portion thereof.
(b) The decision to proceed or to forbear or delay in
proceeding with construction of the Project or any portion thereof shall be in School's
sole discretion.
(c) Failure by School to proceed with construction of the
Project or any portion thereof shall not give rise to any liability, claim for damages or
cause of action against School, except as may arise pursuant to a nuisance abatement
proceeding under SMMC Chapter 8.96, or any successor legislation.
2.3.2 Failure by School to proceed with construction of the Project or
any portion thereof shall not result in any loss or diminution of development rights,
except upon expiration of School's vested rights pursuant to this Agreement, or the
termination of this Agreement.
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2.3.3 Notwithstanding any provision of this Section 2.3 to the contrary,
School shall implement all conditions of approval required under this Agreement in
accordance with Exhibit "D" as and when reasonably required by the City of Santa Monica
for the appropriate stage of the Project.
2.4 Vested Rights.
2.4.1 Approval of Project Plans. The City hereby approves the Project
Plans. The City shall maintain a complete copy of the Project Plans, stamped
"Approved" by the City, in the Office of the City Clerk, and School shall maintain a
complete copy of the Project Plans, stamped "Approved" by the City, in its offices or at
the Project site. The Project Plans to be maintained by the City and School shall be in a
half -size set. Further detailed plans for the construction of the Building and
improvements, including, without limitation, structural plans and working drawings shall
be prepared by School subsequent to the Effective Date based upon the Project Plans.
2.4.2 Minor Modifications to Project. School with the approval of the
Planning Director, may make minor changes to the Project or Project Plans ( "Minor
Modifications ") without amending this Agreement; provided that the Planning Director
makes the following specific findings that the Minor Modifications: (i) are consistent
with the Project's approvals as approved by the City Council; (ii) are consistent with the
provisions, purposes and goals of this Agreement; (iii) are not detrimental to the public
health, safety, convenience or general welfare; and (iv) will not significantly and
adversely affect the public benefits associated with the Project. The Planning Director
shall notify the Planning Commission in writing of any Minor Modifications approved
pursuant to this Section 2.4.2. Any proposed change which the Planning Director denies
as not qualifying for a Minor Modification based on the above findings must be
processed as a Major Modification.
2.4.3 Modifications Requiring Amendment to this Agreement. School
shall not make any "Major Modifications" (defined below) to the Project without first
amending this Agreement to permit such Major Modifications. A "Major
Modification" means the following:
(a) Reduction of any setback of the Project, as depicted on the
Project Plans, if by such reduction the applicable setback would be less than is permitted
in the applicable zoning district under the Zoning Ordinance in effect on the date such
modification is applied for;
(b) Reduction of any setback of the Interim Modules, as
depicted on the Interim Modules Plan, if by such reduction the applicable setback would
be less than is permitted in the applicable zoning district under the Zoning Ordinance in
effect on the date such modification is applied for;
(e) Any change in use not consistent with the permitted uses
defined in Section 2.5 below;
22000/Docs /Crossroads DA 06.14.13
Page 6
(d) Any material change in the number or location of curb cuts
shown on the Project Plans;
(e) Any variation in the design, massing or building
configuration, including but not limited to, Floor Area and building height, that renders
such aspects out of substantial compliance with the Project Plans after ARB Approval;
and
(f) Any change that would substantially reduce or alter the
community benefits or significant project features as set forth in Section 2.6.
If a proposed modification does not exceed the Major Modification
thresholds established above, then the proposed modification may be reviewed in
accordance with Section 2.4.2.
2.4.4 City Consent to Modification. The Planning Director shall not
unreasonably withhold, condition, or delay its approval of a request for such Minor
Modification. The City may impose fees, exactions, and conditions in connection with
its approval of a Minor or Major Modification, subject to any applicable law.
Notwithstanding anything to the contrary herein or in the Existing Regulations, if the
Planning Director approves a Minor Modification or if the City approves a Major
Modification (and the corresponding amendment to this Agreement for such Major
Modification), as the case may be, School shall not be required to obtain any other
Discretionary Approvals for such modification, except for ARB approval, in the case of
certain Major Modifications.
2.4.5 Right to Develop. Subject to the provisions of Section 3.3 below,
during the Term (as defined in Section 9.2 below) of this Development Agreement,
School shall have the vested rights (the "Vested Rights ") to (a) develop and construct the
Project in accordance with the following: (i) the Project Plans (as the same may be
modified from time to time in accordance with this Agreement); (ii) any Minor
Modifications approved in accordance with Section 2.4.2; (iii) any Major Modifications
which are approved pursuant to Section 2.5.3; and (iv) the requirements and obligations
of School related to the improvements which are specifically set forth in this Agreement,
and (b) use and occupy the Project for the permitted uses set forth in Section 2.5. Except
for any required approvals from the ARB pursuant to Section 6.1 of this Agreement, the
City shall have no further discretion over the elements of the Project which have been
delineated in the Project Plans (as the same may be modified from time to time in
accordance with this Agreement).
2.5 Permitted Uses. The City approves the following permitted uses for the
Project, including on the rooftop: private elementary and secondary school and related
uses, including for classrooms, educational laboratories, educational workshops, storage,
faculty offices and preparation space.
2.6 Significant Project Features and LUCE Community Benefits. This
Agreement provides assurances that the significant project features and LUCE
22000 /Does /Crossroads DA 06.14.13
Page 7
community benefits identified below in this Section 2.6 will be achieved and developed
in accordance with the terms of this Agreement.
2.6.1 Significant Project Features. Set forth in this Section 2.6.1 are the
project features that will be provided to the City, including without limitation: (a)
construction jobs; (b) provision of on -site public art, cultural facilities or payment of a
cultural arts development contribution pursuant to SMMC Section 9.04.10.20; (c)
installation of standard water and wastewater reduction fixtures within the Project as
legally applicable; and (d) various standard public improvements and fees.
2.6.2 LUCE Community Benefits. Set forth below in this Section 2.6.2
are the additional community benefits that will be provided by the Project.
(a) Educational Facility. The Project is an educational facility
that will provide enhanced educational opportunities for students which is identified as
one of the community benefit priorities of the LUCE (LUCE p. 3.2 -3).
(b) Bicycle Path. As its principal community benefit for the
Project, School agrees to execute an easement agreement ( "Bike Path Easement
Agreement ") granting to the City a ten (10) foot wide surface easement across the
southerly portion of the Property as depicted on Exhibit "F" (`Bike Path Easement
Area ") for purposes of establishing a public bike path ( "Public Bike Path ") in
furtherance of the City's Bike Action Plan, contingent on the following:
The Bike Path Easement Agreement would expressly be subject to any
preexisting easements over and across this same 10 foot wide strip of land
(collectively the "Utility Easements ").
ii. City shall have sole responsibility for designing, constructing and maintaining
the Public Bike Path on all or any part of the Bike Path Easement Agreement
area, including the relocation of any utility poles or placement underground of
any utility lines.
iii. The City's designated staff shall meet with School representatives or
administrators to share information regarding the City's preliminary design of,
timing for and future construction of the Public Bike Path. Such meeting shall
be in addition to any publicly noticed meeting about the design of the Public
Bike Path. Notwithstanding this Section 2.6.2(b)(iii), City shall retain its full
discretionary authority in designing, constructing and maintaining the Public
Bike Path and the Bike Path Easement Agreement area.
iv. City acknowledges that School desires to construct a new perimeter fence or
wall that extends from the eastern edge of the Science Building on School's
Property across 201h Court alley. School acknowledges that to obtain the
required approvals to construct a fence or wall on a public street, the City
must first go through a street vacation process. Pursuant to this subsection iv,
School may, and if it chooses to do so, shall be responsible for constructing
and maintaining a perimeter fence or wall from the eastern edge of the
22000 /Dots /Crossroads DA 06.14.13
Page 8
Science Building on the School Property to the eastern edge of the School
Property, outside the Bike Path Easement Area, at its own cost. City agrees
that such perimeter fence or wall shall be allowed to be 8 feet in height. The
Planning Director or his or her designee shall approve the precise location of
this fence or wall, the approval of which shall not be unreasonably withheld.
Except with respect to the height of the fence or wall, City's Architectural
Review Board shall retain its customary review authority, if any, over the
design of the fence or wall. The authority to construct a new perimeter fence
provided by this subsection is limited to the southern perimeter of the School
Property as set forth above, and does not authorize any construction by School
across 20th Court alley.
V. Notwithstanding anything to the contrary in this Development Agreement, the
Bike Path Easement Agreement shall provide that, commencing upon passage
of the 60`h day after the School's receipt of the City's Notice of Intent to
Proceed, the City shall defend, indemnify and hold harmless the School, its
board and individual board members, officers, agents, employees, volunteers
and other representatives (collectively "School Indemnified Parties ") from
and against any and all losses, liabilities, damages, costs, expenses, claims,
demands, suits, attorney's fees and judgments (collectively referred to as
"Damages "), including but not limited to claims for damage for personal
injury (including death) and claims for property damage arising from the
following: (1) the willful misconduct or active negligence of the City or its
City Council, boards and commissions, officers, agents, employees,
contractors, subcontractors, volunteers or other persons acting on its behalf
(collectively referred to as the "City Parties ") which occurs after the 60th day
after the School's receipt of the City's Notice of Intent to Proceed and during
the term of the Bike Path Easement Agreement relating directly to the Public
Bike Path or the City's Bike Path Easement; and (2) the condition of the
Public Bike Path or the Bike Path Easement; except to the extent any such
Damages are caused by the active negligence or willful misconduct of any
School Indemnified Parties and /or any students of the School. The School
shall have the right to approve legal counsel retained by City to defend any
claim, action or proceeding which City is obligated to defend pursuant hereto,
which approval shall not be unreasonably withheld, conditioned or delayed. If
any conflict of interest results during the mutual representation of the City and
School in defense of any such action, or if the School is reasonably
dissatisfied with City's legal counsel in defending any such action, the School
shall have the right at City's costs and expense, to use separate counsel that
would thereafter undertake and continue the School's defense.
vi. The Bike Path Easement Agreement shall provide that the City shall thereafter
assume full responsibility for evaluating and addressing any impacts of the
City's improvements to the Public Bike Path upon the existing drainage
culvert located on the alley and Interstate 10 Freeway side of the Bike Path
Easement Area.
22000 /Dots /Crossroads DA 06.14.13
Page 9
vii. The School shall have the right to use the Public Bike Path for emergency
pedestrian access, if reasonably necessary to ensure public safety of the
School's students, teachers, administration and staff.
viii. If the City has failed to complete its construction of that portion of the Public
Bike Path located within the Bike Path Easement Area by December 31, 2033,
then the Bike Path Easement Agreement shall automatically expire and be of
no further force or effect, and the City shall promptly execute all documents
reasonably necessary to confirm that School, or its successor in interest, is no
longer bound by the Bike Path Easement Agreement.
Until the City provides written notice to the School that the City is ready to proceed with
the commencement of construction of the proposed bike path ( "Notice of Intent to
Proceed "), the School shall retain and have the exclusive control and sole responsibility
for maintenance of the Bike Path Easement Area, excluding 201h Court Alley, (subject to
the existing Utility Easements) as part of its campus. In the event that the School installs
any fixtures and improvements within the Bike Path Easement Area after obtaining any
required approvals, including the establishment of a perimeter fence at or near the
southernmost edge of the Bike Path Easement Area, the School shall have the duty, at the
School's cost and expense, to remove such fixtures and improvements and restore the
surface of the Bike Path Easement Area to its condition immediately before the
installation of such fixtures and improvements no later than 60 days after the School's
receipt of the City's Notice of Intent to Proceed.
(c) Photovoltaic Panels. Photovoltaic panels shall be installed
in accordance with the Project Plans.
(d) Photovoltaic Panel -Ready Roof. The western portion of
the roof, as shown on the Project Plans, shall be designed and constructed to
accommodate the School's potential future installation of photovoltaic panels at that
location, if and to the extent that the School may at some point in the future elect to
proceed to install such photovoltaic panels. This obligation includes anticipating the
capacity for such installation and installing the conduit that would service any future
photovoltaic panels at that location.
(e) Pico Neighborhood Outreach and Prioritization for Summer
Prro ,ram. Commencing in the Spring of 2014 and continuing on an annual basis
thereafter, School shall perform the following targeted community outreach for school
aged children and their parents residing within the Pico Neighborhood:
(1) School shall include residents of the Pico
Neighborhood in an annual admissions night which shall be held prior to fall applications
(for regular school year admissions) being accepted. School shall provide outreach and
notification of the event to the then current chair of the Pico Neighborhood Association
and the Pico Boulevard Branch Public Library at Virginia Avenue Park. At this event,
School's admissions staff shall explain School's application process, supply information
22000/Docs /Crossroads DA 06.14.13
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regarding the process for applying for financial aid for the School's tuition, and be
available to answer questions.
(2) Annually prior to commencement of enrollment for the
School's annual Sumner at Crossroads program, School shall (i) continue to host an
event about School's Summer at Crossroads program and (ii) shall provide outreach and
notification of the event, the summer programs being offered, and the availability of
financial aid to the then current chair of the Pico Neighborhood Association and the Pico
Boulevard Branch Public Library at Virginia Avenue Park.
(3) For School's summer program, School shall prioritize
residents of the Pico Neighborhood along with School's existing students for both
enrollment and financial aid.
(f) LEEDS Requirement. School has retained the services of
a LEED Accredited Professional to consult with School regarding incorporation of
sustainable design features for the Project and shall refine the Project's design with the
good faith goal of attaining the number of points that would be commensurate with
achieving LEEDS credits equivalent to a "Gold" certification under the LEEDS Rating
System. If the Project achieves the number of points that would be commensurate with
achieving LEEDS Gold certification, School shall not be required to submit the project
to the Green Building Certification Institute to achieve LEED® certification. If despite
School's good faith effort, the Project does not achieve the number of points that would
be commensurate with achieving LEEDS credits equivalent to a "Gold" certification
under the LEEDS Rating System, School shall alternatively be required to obtain
LEEDS Silver certification for the Project. School shall confirm to the City that the
design for the Project has achieved either (i) number of points that would be
commensurate with achieving LEEDS Gold certification or (ii) LEEDS Silver
certification (either of which shall be deemed to constitute the "LEED® Requirement ")
in accordance with the following requirements of this Section 2.6.2(fl.
(1) Consistent with Article 6 of this Agreement, School has
submitted a preliminary checklist of anticipated LEEDS credits (that was be prepared by
the LEEDS accredited professional) for review by the City of Santa Monica Green
Building Program Advisor ( "Advisor ").
(2) As part of School's set of plans and documents
submitted to the City with School's plan check application for the Project's building
permit, School shall also submit the LEEDS credits identified in clause (1) above
(prepared by the LEEDS accredited professional) for review by the Advisor to
demonstrate that the Project is likely to achieve the LEEDS Requirement.
(3) If, in order to meet the LEEDS Requirement, School
elects to pursue achievement of the number of points that would be commensurate with
achieving LEEDS Gold certification instead of pursuing LEED® Silver certification (or
a higher level of LEEDS certification), the following provisions shall apply:
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a) Prior to issuance of a final Certificate of Occupancy
for the Project, the City's Green Building Program Advisor shall verify and approve
(which approval shall not be unreasonably withheld, conditioned or delayed) that the
LEEDO credits identified in clause (1) above (prepared by the LEEDO accredited
professional) demonstrate that the Project is likely to achieve the LEEDO Requirement.
School shall meet with the Advisor at least 30 days prior to submitting the final LEEDO
credits for the Advisor's approval, and during such meeting School shall review the
LEEDO progress with the Advisor.
b) Notwithstanding the foregoing, if the Advisor has
not yet approved the LEEDO credits that demonstrate that the constructed Project has
achieved the LEEDO Requirement, the City shall nonetheless issue a temporary
Certificate of Occupancy for the Project (assuming that the Project is otherwise entitled
to receive a temporary Certificate of Occupancy). The temporary Certificate of
Occupancy shall be converted to a final Certificate of Occupancy once the Advisor
determines that the LEEDO credits for the Project demonstrate that the constructed
Project has achieved the LEEDO Requirement.
(4) If School elects to pursue LEEDO Silver
certification (or a higher level of LEEDO certification) to meet the LEEDO Requirement,
but the Project is denied certification for LEEDO Silver certification by the Green
Building Certification Institute and School is unwilling or unable to appeal the denial of
certification, then the School shall ensure that the Project achieves certification to at least
the Silver level under the LEED Existing Buildings Operations & Maintenance (LEED
EBOM) rating system that is current at the time that the Certificate of Occupancy was
issued for the Project. School shall ensure that the Project achieves the Silver level (or a
higher level) LEED EBOM certification by no later than the third annual Periodic
Review (as defined in Section 10.1) after issuance of the Certificate of Occupancy for the
Project. The process provided in this Section provides a vehicle for assuring the LEEDO
Requirement is satisfied without delaying issuance of the final Certificate of Occupancy
for this Project.
(g) TDM. School shall maintain and implement the following
Transportation Demand Management Plan ( "TDM Plan "):
(1) Maintain Employee Transportation Coordinator: An
Employee Transportation Coordinator ( "Coordinator ") shall continue to be designated as
required by the City of Santa Monica's Transportation Management Division in
accordance with SMMC Section 9.16. The Coordinator shall continue to manage all
aspects of this Transportation Demand Management TDM Plan.
(2) Compliance with SMMC Section 9.16, Performance
Targets and Monitoring. School shall comply with the SMMC Section 9.16. School shall
prepare and file Employee Trip Reduction Plans for its sites (or a multi-site plan), that
meet or exceed City requirements. School shall continue to implement the strategies
outlined in the Employee Trip Reduction Plan filed by School for the year July 1, 2012 to
June 30, 2013 except to the extent the City's Transportation Demand Program Manager
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approves modifications to such strategies in School's future Employee Trip Reduction
Plans.
(3) School shall achieve an average vehicle ridership
( "AVR ") goal of (a) 1.6 for both a.m. and p.m. peak periods until the second year after
opening of the Exposition light rail stations at Olympic Boulevard /26`h Street and
Colorado Avenue/17"' Street and (b) 1.75 for both a.m. and p.m. peak periods by the third
year after opening of the light rail stations at Olympic Boulevard/262h Street and Colorado
Avenue /17` Street. The AVR goal applies to employees only. Failure to achieve the
performance target herein shall not constitute a Default as defined in this Agreement.
Should School not achieve the target AVR in any year, School shall revise its TDM
strategies for the upcoming School year subject to the approval of the Planning Director,
to achieve the performance target herein while not substantially increasing the cost of the
TDM Program. Such revisions to the TDM Plan shall constitute Minor Modifications
pursuant to DA Section 2.4.2 and shall not require an amendment to this Agreement.
(4) Charge for Parking: School shall charge its employees
that drive to work in a single- occupancy vehicle on a regular basis for parking on
School's campus. Such charge for parking shall be no less than the monthly parking rate
in the City- operated beach parking lots.
(5) Financial Incentives for Arriving to School through
means other than Single- Occupancy Vehicle: School shall provide financial incentives to
its employees that walk, bike, take public transportation, carpool (with increased
incentives for more persons in the carpool) or otherwise arrive at School through means
other than a single- occupancy vehicle.
(6) Maintain Transportation Information Center: School
shall maintain on -site, in a conspicuous location or locations, information for its
employees and students about local public transit services (including bus lines, bus fare
programs, light rail lines, ride share programs and shuttles) and bicycle facilities
(including routes, rental and sales locations, and on -site bike racks). School shall also
continue to provide walking and biking maps for its employees and students.
(7) School shall promote ridesharing through newsletters or
other conummications to School's employees, parents, students and visitors.
(8) Public Transit Subsidy In Lieu of Parking:
a) School shall offer all its newly -hired employees
who do not purchase monthly automobile parking a free public transit pass valid every
day for at least the first month of their employment.
b) School shall also offer all its employees that
utilize public transit to commute to and from School, at least 50% reimbursement for the
cost of purchasing a public transit pass used for commuting to and from School.
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(9) Maintain Guaranteed Return Trip: School shall
continue to provide van pool, car pool, and transit reliant employees with a return trip (or
to the point of commute origin), when a Personal Emergency Situation, or unplanned
business - related activity requires it, for a maximum of four trips per year per employee.
(10) Programs Aimed at Upper and Middle School Students
and Parents:
a) The Transportation Coordinator shall be
designated to assist students and parents with planning alternative means of
transportation to school, including ridesharing, bicycling, walking or taking transit.
b) "Safe routes to school" bicycle and pedestrian
training programs conducted annually for students and parents, in accordance with the
SRTS Guide at www.saferoutesinfo.org, including:
• Development or adaptation of SRTS curricula
for middle and upper school students to
address basic pedestrian and bike safety skills,
• Identifying pedestrian and bike routes to /from
School's campus and student homes,
• Safety programs,
• Education and encouragement programs,
• Events, and
• Bike, bus, and walk "buddies" matching.
c) Celebrate "bike to school" day /week and other
events to encourage ridesharing.
d) Transit and walking/biking information in
registration packets.
e) Promote carpooling, biking, walking, and transit
use via newsletters and at parent meetings.
f) Alert visitors to transit, biking, etc. options
whenever parking information is provided in event flyers, advertisements, etc.
g) Provide information about bus service and
rideshare opportunities in the school bulletin and special announcements; feature the
benefits of walking and bicycling in publications.
h) Encourage and support carpooling to events,
school, and services, by providing on -line and/or personalized matching services.
i) Offer personalized trip planning assistance for
students during registration process and as requested.
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j) The School shall establish a method of collecting
baseline /current data about how middle and upper school students generally travel to and
from School (i.e. by single- occupancy vehicle, carpool, walking, biking, public transit, or
other mode of transportation), shall collect such data, and shall report such data to the
City annually.
(11) Student Parking: School shall charge students that
drive to School in a single- occupancy vehicle on a regular basis for parking on School's
campus.
(12) Bicycle Parking: School shall provide a minimum of
50 bicycle parking spaces for employees, students, and visitors. School shall increase
bicycle parking spaces on an as needed basis to meet peak bicycle parking demand for
employees, students, and visitors.
(13) Carpool Parking: School shall provide preferential
parking for employees who commute to work in employer registered carpools. Such
parking shall be either free or at a reduced rate compared with the parking charge for
employees that commute to and from School in a single- occupancy vehicle. An
employee who drives to work with at least one other employee at least four (4) days per
week may register as a carpool entitled preferential parking.
(14) Transportation Management Association: School shall
be required to participate in the formation of a geographic -based Transportation Demand
Management Association that may be defined by the City. If the City adopts a
requirement that a Transportation Management Association be formed for this geographic
area, School shall participate in organizational meetings and provide traffic demand data
to the City and to the Transportation Management Association.
(15) Changes to TDM Program. Subject to approval by the
City's Planning Director, School may modify this TDM program, including a reduction
of the number of required bicycle racks (provided such racks are not needed to
accommodate School's demonstrated actual peak bicycle parking demand), provided the
TDM program, as modified, can be demonstrated as equal or superior in its effectiveness
in trip reduction for this Project. Any such modifications shall be considered Minor
Modifications pursuant to Section 2.4.2 of this Agreement.
2.7 Parking.
(a) Prior to development of this Project, School has been required to
provide 229 parking spaces pursuant to Administrative Approval No. 97 -056. City and
School agree that upon completion of this Project, 235 parking spaces shall be required.
(b) On at least an annual basis, School shall notify all its employees,
students and parents in writing not to park on the residential streets in the vicinity of
School. School shall provide a copy of such notice to City as and when distributed. All
new employees will be provided the same admonition during their orientation.
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2.8 Design.
(a) Setbacks. School shall maintain the setbacks for the Project as shown
on the Project Plans. In the event that any inconsistencies exist between the Zoning
Ordinance and the setbacks established by this Agreement, then the setbacks required by
this Agreement shall prevail.
(b) Building Height. The maximum height of the building shall be as set
forth on the Project Plans. In the event that any inconsistencies exist between the
Zoning Ordinance and the building height allowed by this Agreement, then the building
height allowed by this Agreement shall prevail.
(c) Stepbacks. School shall maintain the stepbacks for the Project, if any,
set forth on the Project Plans. In the event that any inconsistencies exist between the
Zoning Ordinance and the stepbacks required by this Agreement, then the stepbacks
established by this Agreement shall prevail.
(d) Permitted Projections. Projections shall be permitted as reflected on
the Project Plans. In the event that any inconsistencies exist between the Zoning
Ordinance and the projections permitted by this Agreement, then the projections
permitted by this Agreement shall prevail. Notwithstanding the foregoing, if School
elects to satisfy its Private Developer Cultural Art Requirement (SMMC part 9.04.10.20)
through on -site installation of art, School shall have the right to propose on -site
installation of art on the roof of the Building, provided that the maximum height of any
such art may not exceed 45 feet above the Property's average natural grade unless (and
only to the extent that), prior to that time, the City has adopted a new Zoning Ordinance
and any such new Zoning Ordinance allows the height of on -site art to be treated as a
permitted projection above 45 feet. Nothing in this Agreement, including this Section
2.8(d), shall prevent School from requesting and City from allowing additional height
for art on the roof of the Building.
(e) Signage. The location, size, materials, and color of any signage shall
be reviewed by the ARB (or the Planning Commission on appeal) in accordance with the
procedures set forth in Section 6.1 of this Agreement. All signs on the Property shall be
subject to Chapter 9.52 of the SMMC (Santa Monica Sign Code) in effect as of the
Effective Date, a copy of which is set forth in its entirety in Exhibit "E ". Directional
signs for vehicles shall be located at approaches to driveways as required by the City's
Strategic Transportation Planning Division.
ARTICLE 3
CONSTRUCTION
3.1 Construction Mitigation Plan. During the construction phase of the
Project, School shall comply with the Construction Mitigation Plan attached as Exhibit
"H" hereto.
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3.2 Construction Hours. School shall be permitted to perform construction
between the hours of 8:00 a.m: to 6:00 p.m. Monday through Friday, and 9:00 a.m. to
5:00 p.m. Saturday; provided that interior construction work which does not generate
noise of more than thirty (30) decibels beyond the Property line may also be performed
between the hours of 7:00 a.m. to 8:00 a.m. and 6:00 p.m. to 7:00 p.m. Monday through
Friday, and 8:00 a.m. to 9:00 a.m. and 5:00 p.m. to 6:00 p.m. Saturday. Notwithstanding
the foregoing, pursuant to SMMC Section 4.12.110(e), School has the right to seek a
permit from the City authorizing construction activity during the times otherwise
prohibited by this Section. The Parties acknowledge and agree that, among other things,
afterhours construction permits can be granted for excavation, shoring, and concrete
pours.
3.3 Outside Buildine Permit Issuance Date. If School has not been issued a
building permit for the Project by the "Outside Building Permit Issuance Date" (defined
below), then on the day after the Outside Building Permit Issuance Date, without any
further action by either Party, this Agreement shall automatically terminate and be of no
further force or effect. For purposes of clarity, if School has not been issued a building
permit for the Project by the Outside Building Permit Issuance Date, the City shall not be
required to pursue its remedies under Section 11.4 of this Agreement, and this Agreement
shall, instead, automatically terminate. "Outside Building Permit Issuance Date"
means the date that is the last day of the seventy- second (72 1d) full calendar month after
the Effective Date; provided that the Outside Building Permit Issuance Date may be
extended by applicable Excusable Delays and otherwise in accordance with the
remainder of this paragraph. If the approval by the ARB of the Project design does not
occur within four (4) months of the submittal by School to the ARB of the Project design,
then the Outside Building Permit Issuance Date shall be extended one month for each
additional month greater than four that the final ARB approval is delayed. At any time
before the last day of the seventy- second (72nd) full calendar month after the Effective
Date (the "Extension Notice Date "), School may deliver written notice to the Planning
Director, requesting an extension of the Outside Building Permit Issuance Date for an
additional twelve (12) months. The Outside Building Permit Issuance Date may be
administratively extended not more than three (3) times for an additional twelve (12)
months per extension. The Planning Director may grant such extension if School can
demonstrate substantial progress has been made towards obtaining a building permit and
show reasonable cause why School will not be able to obtain the building permit for the
Project by the initial Outside Building Permit Issuance Date and can demonstrate that:
(a) the condition of the Property will not adversely affect public health or safety and (b)
the continued delay will not create any unreasonable visual or physical detriment to the
neighborhood.
3.4 Construction Period. Construction of the Project shall be subject to the
provisions of SMMC Section 8.08.070.
3.5 Damage or Destruction. If the Project, or any part thereof, is damaged or
destroyed during the term of this Agreement, School shall be entitled to reconstruct the
Project in accordance with this Agreement if: (a) School obtains a building permit for
this reconstruction prior to the expiration of this Agreement and (b) the Project is found
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to be consistent with the City's General Plan in effect at the time of obtaining the
building permit.
3.6 Possession of Property. No building permit, grading permit, or excavation
permit may be approved until the School has demonstrated to the satisfaction of the City
Attorney's Office that School has obtained fee ownership and possession of all of the
Property required for development of the Project.
3.7 Completed and Final Landmarks Commission Review of Property.
Demolition of the existing buildings located on the Property shall be exempt from any
further Landmarks Commission review up through the Outside Building Permit Issuance
Date.
ARTICLE 4
PROJECT FEES EXACTIONS
AND CONDITIONS
4.1 Fees, Exactions, and Conditions. Except as expressly set forth in Section
2.6.2 (relating to Community Benefits), Section 4.2 (relating to modifications), and
Section 5.2 (relating to Subsequent Code Changes) below, the City shall charge and
impose only those fees, exactions, conditions, and standards of construction set forth in
this Agreement, including Exhibits "C ", "D" and "I" attached hereto, and no others.
4.2 Conditions on Modifications. The City may impose fees, exactions, and
conditions in connection with its approval of Minor or Major Modifications, provided
that all fees, exactions, and conditions shall be in accordance with any applicable law.
4.3 Implementation of Conditions of Approval.
4.3.1 Compliance with Conditions of Approval. School shall be
responsible to adhere to the conditions of approval set forth in Exhibit "D" in accordance
with the timelines established in Exhibit "D ".
4.3.2 Survival of Conditions of Approval. If School proceeds with the
construction of the Project, except as otherwise expressly limited in this Agreement, the
obligations and requirements imposed by the conditions of approval set forth in the
attached Exhibit "D" shall survive the expiration of the Term of this Agreement and shall
remain binding on School, its successors and assigns, and shall continue in effect for the
life of the Project.
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ARTICLE 5
EFFECT OF AGREEMENT ON CITY LAWS AND REGULATIONS
5.1 Development Standards for the Property; Existing Regulations. The
following development standards and restrictions set forth in this Section 5.1 govern the
use and development of the Project and shall constitute the Existing Regulations, except
as otherwise expressly required by this Agreement.
5. 1.1 Defined Terms. The following terms shall have the meanings set
forth below:
(a) "Existing Regulations" collectively means all of the
following which are in force and effect as of the Effective Date: (i) the General Plan
(including, without limitation, the LUCE); (ii) the Zoning Ordinance except as modified
herein; (iii) the IZO; (iv) any and all ordinances, rules, regulations, standards,
specifications and official policies of the City governing, regulating or affecting the
demolition, grading, design, development, building, construction, occupancy or use of
buildings and improvements or any exactions therefore, except as amended by this
Agreement; and (v) the development standards and procedures in Article 2 of this
Agreement.
(b) "Subsequent Code Changes" collectively means all of the
following which are adopted or approved subsequent to the Effective Date, whether such
adoption or approval is by the City Council, any department, division, office, board,
commission or other agency of the City, by the people of the City through charter
amendment, referendum, initiative or other ballot measure, or by any other method or
procedure: (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 of buildings 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.
5.1.2 Existing Regulations Govern the Project. Except as provided in
Section 5.2, development of the Building and improvements that will comprise the
Project, including without limitation, the development standards for the demolition,
grading, design, development, construction, occupancy or use of such Building and
improvements, and any exactions therefor, shall be governed by the Existing Regulations.
The City agrees that this Agreement is consistent with the General Plan, including the
LUCE, as more fully described in the Recitals. Any provisions of the Existing
Regulations inconsistent with the provisions of this Agreement, to the extent of such
inconsistencies and not further, are hereby deemed modified to that extent necessary to
effectuate the provisions of this Agreement. The Project shall be exempt from: (a) all
Discretionary Approvals or review by the City or any agency or body thereof, other than
the matters of architectural review by the ARB as specified in Section 6.1 and review of
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modifications to the Project as expressly set forth in Sections 2.4.2 and 2.4.3; (b) the
application of any subsequent local development or building moratoria, development or
building rationing systems or other restrictions on development which would adversely
affect the rate, timing, or phasing of construction of the Project, and (c) Subsequent Code
Changes which are inconsistent with this Agreement.
5.2 Permitted Subsequent Code Changes.
5.2.1 Applicable Subsequent Code Changes. Notwithstanding the terms
of Section 5. 1, this Agreement shall not prevent the City from applying to the Project the
following Subsequent Code Changes set forth below in this Section 5.2.1.
(a) Processing fees and charges imposed by the City to cover
the estimated actual costs to City of processing applications for development approvals
including: (i) all application, permit, and processing fees incurred for the processing of
this Agreement, any administrative approval of a Minor Modification, or any amendment
of this Agreement in connection with a Major Modification; (ii) all building plan check
and building inspection fees for work on the Property in effect at the time an application
for a grading permit or building permit is applied for; and (iii) the public works plan
check fee and public works inspection fee for public improvements constructed and
installed by School and (iv) fees for monitoring compliance with any development
approvals; 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.
(b) General or special taxes, including, but not limited to,
property taxes, sales taxes, parcel taxes, transient occupancy taxes, business taxes, which
may be applied to the Property or to businesses occupying the Property; provided that (i)
the tax is of general applicability City -wide and does not burden the Property
disproportionately to other similar developments within the City; and (ii) the tax is not a
levy, assessment, fee or tax imposed for the purpose of funding public or private
improvements on other property located within the Industrial Conservation District (as
defined in the City's General Plan as of the Effective Date).
(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 the City on all matters,
do not result in any unreasonable decision - making delays and do not affect the
substantive findings by the City in approving this Agreement or as otherwise established
in this Agreement.
(d) Regulations governing construction standards and
specifications which are of general application that establish standards for the
construction and installation of structures and associated improvements, including,
without limitation, the City's Building Code, Plumbing Code, Mechanical Code,
Electrical Code and Fire Code; provided that such construction standards and
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specifications are applied on a City -wide basis and do not otherwise limit or impair the
Project approvals granted in this Agreement unless adopted to meet health and safety
concerns.
(e) Any City regulations to which School has consented in
writing
(f) Collection of such fees or exactions as are imposed and set
by governmental entities not controlled by City but which are required to be collected by
City.
(g) Regulations which do not impair the rights and approvals
granted to School under this Agreement. For the purposes of this Section 5.2.1(g),
regulations which impair School's rights or approvals include, but are not limited to,
regulations which (i) materially increase the cost of the Project (except as provided in
Section 5.2.1(a), (b), and (d) above), or (ii) which would materially delay development of
the Project or that would cause a material change in the uses of the Project as provided in
this Agreement.
5.2.2 New Rules and Regulations. This Agreement shall not be
construed to prevent the City from applying new rules, regulations and policies in those
circumstances specified in Government Code Section 65866.
5.2.3 State or Federal Laws. In the event that state or federal laws or
regulations, enacted after the Effective Date, prevent or preclude compliance with one or
more of the provisions of this Agreement, such provisions of this Agreement shall be
modified or suspended as may be necessary to comply with such state or federal laws or
regulations; provided 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.
5.3 Common Set of Existing Regulations. Prior to the Effective Date, the City
and School shall use reasonable efforts to identify, assemble and copy three identical sets
of the Existing Regulations, to be retained by the City and School, so that if it becomes
necessary in the future to refer to any of the Existing Regulations, there will be a
common set of the Existing Regulations available to all Parties.
5.4 Conflicting Enactments. Except as provided in Section 5.2 above, any
Subsequent Code Change which would conflict in any way with or be more restrictive
than the Existing Regulations shall not be applied by the City to any part of the Property.
School may, in its sole discretion, give the City written notice of its election to have any
Subsequent Code Change applied to such portion of the Property as it may have an
interest in, in which case such Subsequent Code Change shall be deemed to be an
Existing Regulation insofar as that portion of the Property is concerned. If there is any
conflict or inconsistency between the terms and conditions of this Agreement and the
Existing Regulations, the terms and conditions of this Agreement shall control.
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5.5 Timing of Development. The California Supreme Court held in Pardee
Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties in
that case to provide for the timing of development resulted in a later adopted initiative
restricting the timing of development to prevail over the parties' agreement. It is the
intent of School and the City to cure that deficiency by expressly acknowledging and
providing that any Subsequent Code Change that purports to limit over time the rate or
timing of development or to alter the sequencing of development phases (whether
adopted or imposed by the City Council or through the initiative or referendum process)
shall not apply to the Property or the Project and shall not prevail over this Agreement.
In particular, but without limiting any of the foregoing, no numerical restriction shall be
placed by the City on the amount of total square feet or the number of buildings,
structures, residential units that can be built each year on the Property except as expressly
provided in this Agreement.
ARTICLE 6
ARCHITECTURAL REVIEW BOARD
6.1 Architectural Review Board Approval. The Project shall be subject to
review and approval or conditional approval by the ARB in accordance with design
review procedures in effect under the Existing Regulations. Consistent with Existing
Regulations, the ARB cannot require modifications to the building design which negates
the fundamental development standards established by this Agreement. For example, the
ARB cannot require reduction in the overall height of the buildings, reduction in the
number of stories in the buildings, reduction in density, or reduction in Floor Area either
by floor or in aggregate from the building. Decisions of the ARB are appealable to the
Planning Commission in accordance with the Existing Regulations.
6.2 Concurrent Processing. School may concurrently process plan check
(SMMC § 8.08.060) with ARB design review (SMMC ch. 9.32); provided, however, that
School hereby agrees to accept the risk of plan check revisions if necessitated by the
outcome of the ARB design review.
ARTICLE 7
CITY TECHNICAL PERMITS
7.1 Definitions. For purposes of this Agreement, the following terms shall
have the meanings set forth below:
7.1.1 "Technical City Permits" means any Ministerial Approvals,
consents or permits from the City or any office, board, commission, department, division
or agency of the City, which are necessary for the actual construction of the Project or
any portion thereof in accordance with the Project Site Plan and this Agreement.
Technical City Permits include, without limitation (a) building permits, (b) related
mechanical, electrical, plumbing and other technical permits, (c) demolition, excavation
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and grading permits, (d) encroachment permits, (e) tiebacks and shoring permits, and (f)
temporary and final certificates of occupancy.
7.1.2 "Technical Permit Applications" means any applications
required to be filed by School for any Technical City Permits.
7.2 Diligent Action by City.
7.2.1 Upon satisfaction of the conditions set forth in Section 7.3, the
City shall accept the Technical Permit Applications filed by School with the City and
shall diligently proceed to process such Technical Permit Applications to completion.
7.2.2 Upon satisfaction of the conditions set forth in Section 7.3, the
City shall diligently issue the Technical City Permits which are the subject of the
Technical Permit Applications.
7.3 Conditions for Diligent Action by the City.
7.3.1 Acceptance and Processing of Technical Permit Applications. The
obligation of the City to accept and diligently process the Technical Permit Applications
which are filed by School, and then issue the Technical City Permits, is subject to the
satisfaction of the following conditions:
(a) School shall have completed and filed all Technical Permit
Applications which are required under the administrative procedures and policies of the
City which are in effect on the date when the Technical Permit Application is fried;
provided that such procedures and policies are uniformly in force and effect throughout
the City;
(b) School shall have paid all processing and permit fees
established by the City in connection with the filing and processing of any Technical
Permit Application which are in effect on the date when the Technical Permit Application
is filed; provided that such fees are uniformly in force and effect throughout the City; and
(c) If required for the particular Technical Permit Application,
School shall have obtained the approval of the ARB referred to in Section 6. 1.1 above.
7.3.2 Issuance of a Technical City Permit. The obligation of the City to
issue a Technical City Permit which is the subject of a Technical Permit Application filed
by School is subject to the satisfaction of the following conditions (and only such
conditions and no others):
(a) School shall have complied with all of its obligations under
this Agreement which are required to be performed prior to or concurrent with the
issuance of the Technical City Permits for the proposed Building;
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(b) School shall have received any permits or approvals from
other governmental agencies which are required by law to be issued prior to or concurrent
with the issuance of the Technical City Permits for the proposed Building;
(c) The proposed Building conforms to the development
standards for such Building established in this Agreement. In the event that a proposed
Building is not in conformance with the development standards, School shall have the
right to seek any relief from such standards under the procedures then available in the
City; and
(d) The proposed Building conforms to the Administrative and
Technical Construction Codes of the City (Article VIII, Chapter 1 of the Santa Monica
Municipal Code) (the "Technical Codes ") in effect on the date that the Technical Permit
Application is filed.
7.3.3 New Technical Requirements. From time to time, the City's
Technical Codes are amended to meet new technical requirements related to techniques
of building and construction. If the sole means of achieving compliance for the Project
with such revisions to the Technical Codes made after the Effective Date ( "New
Technical Requirements ") would require an increase from the allowable Building
Height established in this Agreement for the Project, then the Planning Director is hereby
authorized to grant School limited relief from the allowable Building Height without
amending this Agreement if the requested relief is in compliance with the City's General
Plan. Any such approval shall be granted only after the Planning Director's receipt of a
written request for such relief from School. School is required to supply the Planning
Director with written documentation of the fact that compliance with the New Technical
Requirements cannot be achieved by some other method. Any such relief shall only be
granted to the extent necessary in the Planning Director's determination for School to
comply with the New Technical Requirements.
7.4 Duration of Technical City Permits. The duration of Technical City
Pen-nits issued by the City, and any extensions of the time period during which such
Technical City Permits remain valid, shall be established in accordance with the
Technical Codes in effect at the time that the Technical City Permits are issued. Subject
to the terms of the next sentence, the lapse or expiration of a Technical City Permit shall
not preclude or impair School from subsequently Filing another Technical Permit
Application for the same matter during the Term of this Agreement, which shall be
processed by the City in accordance with the provisions of this ARTICLE 7.
Notwithstanding anything to the contrary in this Agreement, if School obtains building
permits for the Project and, at any time after the Outside Construction Start Date, such
building permits expire or are revoked pursuant to the applicable terms of the SMMC (as
the same may be amended from time to time), then School may not subsequently apply
for new building permits for the Project without first obtaining the prior written consent
of the Planning Director, which may be granted or withheld in the Planning Director's
sole discretion.
7.5 [Reserved]
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ARTICLE 8
AMENDMENT AND MODIFICATION
8.1 Amendment and Modification of Development Agreement. Subject to the
notice and hearing requirements of the applicable Development Agreement Statutes, this
Agreement may be modified or amended from time to time only with the written consent
of School and the City or their successors and assigns in accordance with the provisions
of the SMMC and Section 65868 of the California Government Code.
ARTICLE 9
TERM
9.1 Effective Date. This Agreement shall be dated, and the obligations of the
Parties hereunder shall be effective as of the date upon which the ordinance approving
this Agreement becomes effective (the "Effective Date "). The Parties shall execute this
Agreement within ten (10) working days of the Effective Date.
9.2 Term.
9.2.1 Term of Agreement. The term of this Agreement shall commence
on the Effective Date and shall continue for twenty (20) years thereafter (the "Term "),
unless the Term is otherwise terminated pursuant to Section 11.4, after the satisfaction of
all applicable public hearing and related procedural requirements or pursuant to Section
3.3.
9.2.2 Termination Certificate. Upon termination of this Agreement, the
Parties hereto shall execute an appropriate certificate of termination in recordable form (a
"Termination Certificate "), which shall be recorded in the official records of Los
Angeles County.
9.2.3 Effect of Termination. Except as expressly provided herein (e.g.,
Section 4.3.2), none of the parties' respective rights and obligations under this Agreement
shall survive the Term.
ARTICLE 10
PERIODIC REVIEW OF COMPLIANCE
10.1 City Review. The City shall review compliance with this Development
Agreement once each year, on or before each anniversary of the Effective Date (each, a
"Periodic Review "), in accordance with this Article 10 in order to determine whether or
not School is out -of- compliance with any specific term or provision of this Agreement.
10.2 Evidence of Good Faith Compliance. At least sixty (60) days prior to the
applicable anniversary date, School shall deliver to the City a written report
demonstrating that School has been in good faith compliance with this Agreement during
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the twelve (12) month period prior to the anniversary of the Effective Date. The written
report shall be provided in the form established by the City. For purposes of this
Agreement, the phrase "good faith compliance" shall mean the following: (a) compliance
by School with the requirements of the Existing Regulations, except as otherwise
modified by this Agreement; and (b) compliance by School with the terms and conditions
of this Agreement, subject to the existence of any specified Excusable Delays (as defined
in Section 15.8 below) which prevented or delayed the timely performance by School of
any of its obligations under this Agreement.
10.3 Information to be Provided to School. Prior to any public hearing
concerning the Periodic Review of this Agreement, the City shall deliver to School a
copy of all staff reports prepared in connection with a Periodic Review, written
comments from the public and, to the extent practical, all related exhibits concerning
such Periodic Review. If the City delivers to School a Notice of Breach pursuant to
Section 11.1 below, the City shall concurrently deliver to School a copy of all staff
reports prepared in connection with such Notice of Breach, all written comments from the
public and all related exhibits concerning such Notice of Breach.
10.4 Notice of Breach; Cure Rights. If during any Periodic Review, the City
reasonably concludes on the basis of substantial evidence that School has not
demonstrated that it is in good faith compliance with this Agreement, then the City may
issue and deliver to School a written Notice of Breach pursuant to Section 11.1 below,
and School shall have the opportunity to cure the default identified in the Notice of
Breach during the cure periods and in the manner provided by Section 11.2 and Section
11.3, as applicable.
10.5 Failure of Periodic Review. The City's failure to review at least annually
compliance by School with the terms and conditions of this Agreement shall not
constitute or be asserted by any Party as a breach by any other Party of this Agreement.
10.6 Termination of Development Agreement. If School fails to timely cure
any item(s) of non - compliance set forth in a Notice of Default, then the City shall have
the right but not the obligation to initiate proceedings for the purpose of terminating this
Agreement pursuant to Section 11.4 below.
10.7 City Cost Recovery. Following completion of each Periodic Review,
School shall reimburse the City for its actual and reasonable costs incurred in connection
with such review.
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ARTICLE 11
DEFAULT
11.1 Notice and Cure.
11.1.1 Breach. If either Party fails to substantially to perform any term,
covenant or condition of this Agreement which is required on its part to be performed (a
"Breach "), 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
Breach (a "Notice of Breach "), in the manner required by Section 15. 1, specifying the
precise nature of the alleged Breach (including references to pertinent Sections of this
Agreement and the Existing Regulations or Subsequent Code Changes alleged to have
been breached), and the manner in which the alleged Breach may satisfactorily be cured.
If the City alleges a Breach by School, the City shall also deliver a copy of the Notice of
Breach to any Secured Lender of School which has delivered a Request for Notice to the
City in accordance with Article 12.
11.1.2 Monetary Breach. In the case of a monetary Breach by School,
School shall promptly commence to cure the identified Breach and shall complete the
cure of such Breach within thirty (30) business days after receipt by School of the Notice
of Breach; provided that if such monetary Breach is the result of an Excusable Delay or
the cure of the same is delayed as a result of an Excusable Delay, School shall deliver to
the City reasonable evidence of the Excusable Delay.
11.1.3 Non - Monetary Breach. In the case of a non - monetary Breach
by either Party, the alleged defaulting Party shall promptly commence to cure the
identified Breach and shall diligently prosecute such cure to completion; provided that
the defaulting Party shall complete such cure within thirty (3 0) days after receipt of the
Notice of Breach or provide evidence of Excusable Delay that prevents or delays the
completion of such cure. The thirty (30) day cure period for a non - monetary Breach shall
be extended as is reasonably necessary to remedy such Breach; provided that the alleged
defaulting Party commences such cure promptly after receiving the Notice of Breach and
continuously and diligently pursues such remedy at all times until such Breach is cured.
11.1.4 Excusable Delay. Notwithstanding anything to the contrary
contained in this Agreement, the City's exercise of any of its rights or remedies under this
Article 11 shall be subject to the provisions regarding Excusable Delay in Section 15.8
below.
11.2 Remedies for Monetary Default. If there is a Breach by School in the
performance of any of its monetary obligations under this Agreement which remains
uncured (a) thirty (30) business days after receipt by School of a Notice of Breach from
the City and (b) after expiration of Secured Lender's Cure Period under Section 12.1 (if a
Secured Lender of School has delivered a Request for Notice to the City in accordance
with Section 12. 1), then an "Event of Monetary Default" shall have occurred by School
and the City shall have available any right or remedy provided in this Agreement, at law
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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.
11.3 Remedies for Non - Monetary Default.
11.3.1 Remedies of Parties. If any Party receives a Notice of Breach
from the other Party regarding a non - monetary Breach, and the non - monetary Breach
remains uncured: (a) after expiration of all applicable notice and cure periods, and (b) in
the case of a Breach by School, after the expiration of Secured Lender's Cure Period
under Section 12.1 (if a Secured Lender of School has delivered a Request for Notice to
the City in accordance with Section 12.1), then an "Event of Non - Monetary Default"
shall have occurred and 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.
11.3.2 Specific Performance. The City and School acknowledge that
monetary damages and remedies at law generally are inadequate and that specific
performance is an appropriate remedy for the enforcement of this Agreement. Therefore,
unless otherwise expressly provided herein, the remedy of specific performance shall be
available to the non - defaulting party if the other Party causes an Event of Non - Monetary
Default to occur.
11.3.3 Writ of Mandate. The City and School hereby stipulate that
School 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 Event of Non - Monetary Default by the City of its obligations and duties under this
Agreement. Nothing in this Section 11.3.3, however, is intended to alter the evidentiary
standard or the standard of review applicable to any action of, or approval by, the City
pursuant to this Agreement or with respect to the Project.
11.3.4 No Damages Relief Against City. It is acknowledged by
School that the City would not have entered into this Agreement if the City were to be
liable in damages under or with respect to this Agreement or the application thereof.
Consequently, and except for the payment of attorneys' fees and court costs, the City
shall not be liable in damages to School and School covenants on behalf of itself and its
successors in interest not to sue for or claim any damages:
(a) for any default under this Agreement;
(b) for the regulatory taking, impairment or restriction of any
right or interest conveyed or provided hereunder or pursuant hereto; or
(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.
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The City and School agree that the provisions of this Section 11.3.4 do not apply for
damages which:
(a) do not arise under this Agreement;
(b) are not with respect to any right or interest conveyed or
provided under this Agreement or pursuant to this Agreement; or
(c) do not arise out of or which are not connected to any
dispute, controversy, or issue regarding the application, interpretation, or effect of the
provisions of this Agreement or the application of any City rules, regulations, or official
policies.
11.3.5 Enforcement by the City. The City, at its discretion, shall be
entitled to apply the remedies set forth in Chapters 1.09 and 1.10 of the SMMC as the
same may be amended from time to time and shall follow the notice procedures of
Chapter 1.09 and 1.10 respectively in lieu of Section 11.1 of this Agreement if these
remedies are applied.
11.3.6 No Damages Against School. It is acknowledged by the City
that School would not have entered into this Agreement if School were to be liable in
damages in connection with any non - monetary default hereunder. Consequently, and
except for the payment of attorneys' fees and court costs, School shall not be liable in
damages to the City for any nonmonetary default and the City covenants on behalf of
itself not to sue for or claim any damages:
(a) for any non - monetary default hereunder or;
(b) arising out of or conmected with any dispute, controversy or
issue regarding;
(c) the application or interpretation or effect of the provisions
of this Agreement.
The City and School agree that the provisions of this Section 11.3.6 do not apply for
damages which:
(a) are for a monetary default; or
(b) do not arise out of or which are not connected with any
dispute, controversy or issue regarding the application, interpretation, or effect of the
provisions of this Agreement to or the application of, any City rules, regulations, or
official policies.
11.3.7 No Other Limitations. Except as expressly set forth in this
Section 11.3, the provisions of this Section 11.3 shall not otherwise limit any other rights,
remedies, or causes of action that either the City or School may have at law or equity
after the occurrence of any Event of Non - Monetary Default.
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11.4 Modification or Termination of Agreement by City.
11.4.1 Default by School. If School causes either an Event of
Monetary Default or an Event of Non - Monetary Default, then the City may commence
proceedings to modify or terminate this Agreement pursuant to this Section 11.4.
11.4.2 Procedure for Modification or Termination. The procedures
for modification or termination of this Agreement by the City for the grounds set forth in
Section 11.4.1 are as follows:
(a) The City shall provide a written notice to School (and to
any Secured Lender of School which has delivered a Request for Notice to the City in
accordance of Section 12.1) of its intention to modify or terminate this Agreement unless
School (or the Secured Lender) cures or corrects the acts or omissions that constitute the
basis of such determinations by the City (a "Hearing Notice "). The Hearing Notice shall
be delivered by the City to School in accordance with Section 15.1 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 modification or termination of this Agreement. The public
hearing shall not be held earlier than: (i) thirty -one (3 1) days after delivery of the
Hearing Notice to School or (ii) if a Secured Lender has delivered a Request for Notice in
accordance with Section 12. 1, the day following the expiration of the "Secured Lender
Cure Period" (as defined in Section 12.1).
(b) If, following the conclusion of the public hearing, the City
Council: (i) determines that an Event of Non - Monetary Default has occurred or the
School has not been in good faith compliance with this Agreement pursuant to Section
10. 1, as applicable and (ii) further determines that School (or the Secured Lender, if
applicable) has not cured (within the applicable cure periods) the acts or omissions that
constitute the basis of the determination under clause (i) above or if those acts or
omissions could not be reasonably remedied prior to the public hearing that School (or
the Secured Lender) has not in good faith commenced to cure or correct such acts or
omissions prior to the public hearing or is not diligently and continuously proceeding
therewith to completion, then upon making such conclusions, the City Council may
modify or terminate this Agreement. The City cannot unilaterally modify the provisions
of this Agreement pursuant to this Section 11.4. Any such modification requires the
written consent of School. If the City Council does not terminate this Agreement, but
proposes a modification to this Agreement as a result of the public hearing and School
does not (within five (5) days of receipt) execute and deliver to the City the form of
modification of this Agreement submitted to School by the City, then the City Council
may elect to terminate this Agreement at any time after the sixth day after School's
receipt of such proposed modification.
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11.5 Cessation of Rights and Obligations. If this Agreement is terminated by
the City pursuant to and in accordance with Section 11.4, the rights, duties and
obligations of the Parties under this Agreement shall cease as of the date of such
termination, except only for those rights and obligations that expressly survive the
termination of this Agreement. In such event, any and all benefits, including money
received by the City prior to the date of termination, shall be retained by the City.
11.6 Completion of Improvements. Notwithstanding the provisions of
Sections 11.2, 11.3, 11.4, and 11.5, if prior to termination of this Agreement, School has
performed substantial work and incurred substantial liabilities in good faith reliance upon
a building permit issued by the City, then School 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 each such Building upon completion for the uses permitted for that
Building as provided in this Agreement. Any Building completed or occupied pursuant
to this Section 11.6 shall be considered legal non - conforming subject to all City
ordinances standards and policies as they then exist governing legal non - conforming
buildings and uses unless the Building otherwise complies with the property development
standards for the district in which it is located and the use is otherwise permitted or
conditionally permitted in the district.
ARTICLE 12
MORTGAGEES
12.1 Encumbrances on the Property. This Agreement shall not prevent or limit
School (in its sole discretion), from encumbering the Property (in any manner) or any
portion thereof or any improvement thereon by any mortgage, deed of trust, assignment
of rents or other security device securing financing with respect to the Property (a
"Mortgage "). Each mortgagee of a mortgage or a beneficiary of a deed of trust (each, a
"Secured Lender ") on the Property shall be entitled to the rights and privileges set forth
in this ARTICLE 12. Any Secured Lender may require from the City certain
interpretations of this Agreement. The City shall from time to time, upon request made
by School, meet with School and representatives of each of its Secured Lenders to
negotiate in good faith any Secured Lender's request for interpretation of any part of this
Agreement. The City will not unreasonably withhold, condition or delay the delivery to a
Secured Lender of the City's written response to any such requested interpretation.
12.1.1 Mortgage Not Rendered Invalid. Except as provided in Section
12.1.2, neither entering into this Agreement nor a Breach of this Agreement, nor any
Event of Monetary Default nor any Event of Non - Monetary Default shall defeat, render
invalid, diminish, or impair the lien of any Mortgage made in good faith and for value.
12.1.2 Priority of Agreement. This Agreement shall be superior and
senior to the lien of any Mortgage. Any acquisition or acceptance of title or any right or
interest in or with respect to the Property or any portion thereof by a Secured Lender or
its successor in interest (whether pursuant to foreclosure, trustee's sale, deed in lieu of
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foreclosure, lease termination or otherwise) shall be subject to all of the terms and
conditions of this Agreement.
12.1.3 Right of Secured Lender to Cure Default.
(a) A Secured Lender may give notice to the City, specifying
the name and address of such Secured Lender and attaching thereto a true and complete
copy of the Mortgage held by such Secured Lender, specifying the portion of the
Property that is encumbered by the Secured Lender's lien (a "Request for Notice "). If
the Request for Notice has been given, at the same time the City sends to School any
Notice of Breach or Hearing Notice under this Agreement, then if such Notice of Breach
or Hearing Notice affects the portion of the Property encumbered by the Secured
Lender's lien, the City shall send to such Secured Lender a copy of each such Notice of
Breach and each such Hearing Notice from the City to School. The copy of the Notice of
Breach or the Hearing Notice sent to the Secured Lender pursuant to this Section
12.1.3(a) shall be addressed to such Secured Lender at its address last furnished to the
City. The period within which a Secured Lender may cure a particular Event of
Monetary Default or Event of Non - Monetary Default shall not commence until the City
has sent to the Secured Lender such copy of the applicable Notice of Breach or Hearing
Notice.
(b) After a Secured Lender has received a copy of such Notice
of Default or Hearing Notice, such Secured Lender shall thereafter have a period of time
(in addition to any notice and/or cure period afforded to School under this Agreement)
equal to: (a) ten (10) business days in the case of any Event of Monetary Default and (b)
thirty (30) days in the case of any Event of Non - Monetary Default, during which period
the Secured Lender may provide a remedy or cure of the applicable Event of Monetary
Default or may provide a remedy or cure of the applicable Event of Non- Monetary
Default; provided that if the cure of the Event of Non - Monetary Default cannot
reasonably be completed within thirty days, Secured Lender may, within such 30 -day
period, commence to cure the same and thereafter diligently prosecute such cure to
completion (a "Secured Lender's Cure Period "). If School has caused an Event of
Monetary Default or an Event of Non - Monetary Default, then each Secured Lender shall
have the right to remedy such Event of Monetary Default or an Event of Non - Monetary
Default, as applicable, or to cause the same to be remedied prior to the conclusion of the
Secured Lender's Cure Period and otherwise as herein provided. The City shall accept
performance by any Secured Lender of any covenant, condition, or agreement on
School's part to be performed hereunder with the same force and effect as though
performed by School.
(c) The period of time given to the Secured Lender to cure any
Event of Monetary Default or an Event of Non - Monetary Default by School which
reasonably requires that said Secured Lender be in possession of the Property to do so,
shall be deemed extended to include the period of time reasonably required by said
Secured Lender to obtain such possession (by foreclosure, the appointment of a receiver
or otherwise) promptly and with due diligence; provided that during such period all other
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obligations of School under this Agreement, including, without limitation, payment of all
amounts due, are being duly and promptly performed.
12.1.4 Secured Lender Not Obligated Under this Agreement.
(a) No Secured Lender shall have any obligation or duty under
this Agreement to perform the obligations of School's or the affirmative covenants of
School's hereunder or to guarantee such performance unless and until such time as a
Secured Lender takes possession or becomes the owner of the estate covered by its
Mortgage. If the Secured Lender takes possession or becomes the owner of any portion
of the Property, then from and after that date, the Secured Lender shall be obligated to
comply with all provisions of this Agreement; provided that the Secured Lender shall not
be responsible to the City for any unpaid monetary obligations of School that accrued
prior to the date the Secured Lender became the fee owner of the Property.
(b) Nothing in Section 12.1.4(a) is intended, nor should be
construed or applied, to limit or restrict in any way the City's authority to terminate this
Agreement, as against any Secured Lender as well as against School if any curable Event
of Monetary Default or an Event of Non - Monetary Default is not completely cured
within the Secured Lender's Cure Period.
ARTICLE 13
TRANSFERS AND ASSIGNMENTS
13.1 Transfers and Assignments.
13.1.1 Not Severable from Ownership Interest in Property. This
Agreement shall not be severable from School's interest in the Property and any transfer
of the Property or any portion thereof shall automatically operate to transfer the benefits
and burdens of this Agreement with respect to the transferred Property or transferred
portions, as applicable.
13.1.2 Transfer Rights. School may freely sell, transfer, exchange,
hypothecate, encumber or otherwise dispose of its interest in the Property, without the
consent of the City. School shall, however, give written notice to the City, in accordance
with Section 15. 1, of any transfer of the Property, disclosing in such notice (a) the
identity of the transferee of the Property (the "Property Transferee ") and (b) the address
of the Property Transferee as applicable.
13.2 Release Upon Transfer. Upon the sale, transfer, exchange or
hypothecation of the rights and interests of School to the Property, School shall be
released from its obligations under this Agreement to the extent of such sale, transfer or
exchange with respect to the Property if : (a) School has provided written notice of such
transfer to City; and (b) the Property Transferee executes and delivers to City a written
agreement in which the Property Transferee expressly and unconditionally assumes all of
the obligations of School under this Agreement with respect to the Property in the form
of Exhibit "I" attached hereto (the "Assumption Agreement "). Upon such transfer of
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the Property and the express assumption of School's obligations under this Agreement by
the transferee, the City agrees to look solely to the transferee for compliance with the
provisions of this Agreement. Any such transferee shall be entitled to the benefits of this
Agreement as "School" hereunder and shall be subject to the obligations of this
Agreement. Failure to deliver a written Assumption Agreement hereunder shall not
affect the transfer of the benefits and burdens as provided in Section 13. 1, provided that
the transferor shall not be released from its obligations hereunder unless and until the
executed Assumption Agreement is delivered to the City.
ARTICLE 14
INDEMNITY TO CITY
14.1 Indemnity. School agrees to and shall defend, indemnify and hold
harmless the City, its City Council, boards and commissions, officers, agents, employees,
volunteers and other representatives (collectively referred to as "City Indemnified
Parties ") from and against any and all loss, liability, damages, cost, expense, claims,
demands, suits, attorney's fees and judgments (collectively referred to as "Damages "),
including but not limited to claims for damage for personal injury (including death) and
claims for property damage arising directly or indirectly from the following: (1) for any
act or omission of School or those of its officers, board members, agents, employees,
volunteers, contractors, subcontractors or other persons acting on its behalf (collectively
referred to as the "School Parties ") which occurs during the Term and relates to this
Agreement; (2) for any act or omission related to the operations of School Parties,
including but not limited to the maintenance and operation of areas on the Property
accessible to the public. School's obligation to defend, indemnify and hold harmless
applies to all actions and omissions of School Parties as described above caused or
alleged to have been caused in connection with the Project or Agreement, except to the
extent any Damages are caused by the active negligence or willful misconduct of any
City Indemnified Parties. This Section 14.1 applies to all Damages suffered or alleged to
have been suffered by the City Indemnified Parties regardless of whether or not the City
prepared, supplied or approved plans or specifications or both for the Project.
14.2 City's Right to Defense. The City shall have the right to approve legal
counsel retained by School to defend any claim, action or proceeding which School is
obligated to defend pursuant to Section 14. 1, which approval shall not be unreasonably
withheld, conditioned or delayed. If any conflict of interest results during the mutual
representation of the City and School in defense of any such action, or if the City is
reasonably dissatisfied with legal counsel retained by School, the City shall have the right
(a) at School's costs and expense, to have the City Attorney undertake and continue the
City's defense, or (b) with School's approval, which shall not be reasonably withheld or
delayed, to select separate outside legal counsel to undertake and continue the City's
defense.
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ARTICLE 15
GENERAL PROVISIONS
15.1 Notices. Formal notices, demands and communications between the
Parties shall be deemed sufficiently given if delivered to the principal offices of the City
or School, as applicable, by (i) personal service, or (ii) express mail, Federal Express, or
other similar overnight mail or courier service, regularly providing proof of delivery, or
(iii) registered or certified mail, postage prepaid, return receipt requested, or (iv)
facsimile (provided that any notice delivered by facsimile is followed by a separate notice
sent within twenty -four (24) hours after the transmission by facsimile delivered in one of
the other manners specified above). Such notice shall be addressed as follows:
To Citv:
City of Santa Monica
1685 Main Street, Room 204
Santa Monica, CA 90401
Attention: City Manager
Fax: (310) 917 -6640
With a Copy to:
City of Santa Monica
1685 Main Street, Room 212
Santa Monica, CA 90401
Attn: Planning and Community Development Director
Fax: (310) 458 -3380
To School:
Crossroads School for Arts and Sciences
1714 215` Street
Santa Monica, CA. 90404
Attn: Director of Finance and Operations
Fax: 310.828.5636
With a Copy to:
Harding, Larmore, Katcher & Kozal
1250 Sixth Street, Suite 200
Santa Monica, California 90401
Attn: Christopher M. Harding
Fax: (310) 392 -3537
Notice given in any other manner shall be effective when received by the addressee. Any
Party may change the addresses for delivery of notices to such Party by delivering notice
to the other Party in accordance with this provision.
15.2 Entire Agreement; Conflicts. This Agreement represents the entire
agreement of the Parties. This Agreement integrates all of the terms and conditions
22000/Docs /Crossroads DA 06.14.13
Page 35
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.
15.3 Binding Effect. ffect. The Parties intend that the provisions of this Agreement
shall constitute covenants which shall run with the land comprising the Property during
the Term for the benefit thereof and that the burdens and benefits thereof shall bind and
inure to the benefit of all successors -in- interest to the Parties hereto. Every Party who
now or hereafter owns or acquires any right, title, or interest in or to any portion of the
Project during the Term is and shall be conclusively deemed to have consented and
agreed to every provision contained herein, to the extent relevant to said right, title or
interest, whether or not any reference to this Agreement is contained in the instrument by
which such person acquired an interest in the Project.
15.4 Agreement Not for Benefit of Third Parties. This Agreement is made and
entered into for the sole protection and benefit of School and the City and their respective
successors and assigns. No other person shall have any right of action based upon any
provision of this Agreement.
15.5 No Partnership or Joint Venture. Nothing in this Agreement shall be
deemed to create a partnership or joint venture between the City and School or to render
either Party liable in any manner for the debts or obligations of the other.
15.6 Estoppel Certificates. Either Party may, at any time, and from time to
time, deliver written notice to the other Party requesting such Party to certify in writing
(each, an "Estoppel Certificate "): (a) that this Agreement is in full force and effect, (b)
that this Agreement has not been amended or modified either orally or in writing, or if so
amended, identifying the amendments, (c) whether or not, to the knowledge of the
responding Party, the requesting Party is in Breach or claimed Breach in the performance
of its obligations under this Agreement, and, if so, describing the nature and amount of
any such Breach or claimed Breach, and (d) whether or not, to the knowledge of the
responding Party, any event has occurred or failed to occur which, with the passage of
time or the giving of notice, or both, would constitute an Event of Monetary Default or an
Event of Non - Monetary Default and, if so, specifying each such event. A Party receiving
a request for an Estoppel Certificate shall execute and return such Certificate within thirty
(3 0) days following the receipt of the request therefor. If the party receiving the request
hereunder does not execute and return the certificate in such 30 -day period and if
circumstances are such that the Party requesting the notice requires such notice as a
matter of reasonable business necessity, the Party requesting the notice may seek a
second request which conspicuously states "FAILURE TO EXECUTE THE
REQUESTED ESTOPPEL CERTIFICATE WITHIN FIFTEEN (15) DAYS SHALL BE
DEEMED WAIVER PURSUANT TO SECTIONS 15.6 AND 15.13 OF THE
DEVELOPMENT AGREEMENT" and which sets forth the business necessity for a
timely response to the estoppel request. If the Party receiving the second request fails to
execute the Estoppel Certificate within such 15 -day period, it shall be conclusively
22000/Docs /Crossroads DA 06.14.13
Page 36
deemed that the Agreement is in full force and effect and has not been amended or
modified orally or in writing, and that there are no uncured defaults under this Agreement
or any events which, with passage of time of giving of notice, of both, would constitute a
default under the Agreement. The City Manager shall have the right to execute any
Estoppel Certificate requested by School under this Agreement. The City acknowledges
that an Estoppel Certificate may be relied upon by any Property Transferee, Secured
Lender or other party.
15.7 Time. Time is of the essence for each provision of this Agreement of
which time is an element.
15.8 Excusable Delays.
15.8.1 In addition to any specific provisions of this Agreement, non-
performance by School of its obligations under this Agreement shall be excused when it
has been prevented or delayed in such performance by reason of any act, event or
condition beyond the reasonable control of School (collectively, "Excusable Delays ") for
any of the following reasons:
(a) War, insurrection, walk -outs, riots, acts of terrorism,
floods, earthquakes, fires, casualties, acts of God, or similar grounds for excused
performances;
(b) Governmental restrictions or moratoria imposed by the City
or by other govennnental entities or the enactment of conflicting State or Federal laws or
regulations;
(c) The imposition of restrictions or moratoria by judicial
decisions or by litigation, contesting the validity, or seeking the enforcement or
clarification of, this Agreement whether instituted by School, the City or any other person
or entity, or the filing of a lawsuit by any Party arising out of this Agreement or any
permit or approval School deems necessary or desirable for the implementation of the
Project;
(d) The institution of a referendum pursuant to Government
Code Section 65867.5 or a similar public action seeking to in any way invalidate, alter,
modify or amend the ordinance adopted by the City Council approving and implementing
this Agreement;
(e) Inability to secure necessary labor, materials or tools, due
to strikes, lockouts, or similar labor disputes; and
(f) Failure of the City to timely perform its obligations
hereunder, including its obligations under Section 7.2 above
15.8.2 Under no circumstances shall the inability of School to secure
financing be an Excusable Delay to the obligations of School.
22000/Does /Crossroads DA 06.14.13
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15.8.3 In order for an extension of time to be granted for any
Excusable Delay, School must deliver to the City written notice of the commencement of
the Excusable Delay within sixty (60) days after the date on which School becomes
aware of the existence of the Excusable Delay. The extension of time for an Excusable
Delay shall be for the actual period of the delay.
15.8.4 Nothing contained in this Section 15.8 is intended to modify
the terms of either Section 5.1.2 or Section 5.5 of this Agreement.
15.9 Governing Law. This Agreement shall be governed exclusively by the
provisions hereof and by the laws of the State of California.
15.10 Cooperation in Event of Legal Challenge to Agreement. If there is any
court action or other proceeding commenced that includes any challenge to the validity,
enforceability or any term or provision of this Agreement, then School shall indemnify,
hold harmless, pay all costs actually incurred, and provide defense in said action or
proceeding, with counsel reasonably satisfactory to both the City and School. The City
shall cooperate with School in any such defense as School may reasonably request.
15.11 Attorneys' Fees. If any Party commences any action for the interpretation,
enforcement, termination, cancellation or rescission of this Agreement or for specific
performance for the Breach of this Agreement, the prevailing Party shall be entitled to its
reasonable attorneys' fees, litigation expenses and costs. Attorneys' fees shall include
attorneys' fees on any appeal as well as any attorneys' fees incurred in any post- judgment
proceedings to collect or enforce the judgment. Such attorneys' fees shall be paid
whether or not such action is prosecuted to judgment. In any case where this Agreement
provides that the City or School is entitled to recover attorneys' fees from the other, the
Party so entitled to recover shall be entitled to an amount equal to the fair market value of
services provided by attorneys employed by it as well as any attorneys' fees actually paid
by it to third Parties. The fair market value of the legal services for public attorneys shall
be determined by utilizing the prevailing billing rates of comparable private attorneys.
15.12 Recordation. The Parties shall cause this Agreement to be recorded
against title to the Property in the Official Records of the County of Los Angeles. The
cost, if any, of recording this Agreement shall be bome by School.
15.13 No Waiver. No waiver of any provision of this Agreement shall be
effective unless in writing and signed by a duly authorized representative of the Party
against whom enforcement of a waiver is sought and referring expressly to this Section
15.13. No delay or omission by either Party in exercising any right or power accruing
upon non - compliance or failure to perform by the other Party under any of the provisions
of this Agreement shall impair any such right or power or be construed to be a waiver
thereof, except as expressly provided herein. No waiver by either Party of any of the
covenants or conditions to be performed by the other Party shall be construed or deemed
a waiver of any succeeding breach or nonperformance of the same or other covenants and
conditions hereof of this Agreement.
22000/Does /Crossroads DA 06.14.13
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15.14 Construction of this Agreement. The Parties agree that each Party and its
legal counsel have reviewed and revised this Agreement and that any rule of construction
to the effect that ambiguities are to be resolved against the drafting Party shall not apply
in the interpretation of this Agreement or any amendments or exhibits thereto.
15.15 Other Governmental Approvals. School 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 reasonably cooperate with School in its endeavors to
obtain such permits and approvals.
15.15.1 Further Assurances; Covenant to Sign Documents. Each Party
shall take all actions and do all things, and execute, with acknowledgment or affidavit, if
required, any and all documents and writings, which may be necessary or proper to
achieve the purposes and objectives of this Agreement.
15.15.2 Processing. Upon satisfactory completion by School of all
required preliminary actions and payments of appropriate processing fees, if any, the City
shall, subject to all legal requirements, promptly initiate, diligently process, and complete
at the earliest possible time all required steps, and expeditiously act upon any approvals
and permits necessary for the development by School of the Project in accordance with
this Agreement, including, but not limited to, the following:
(a) the processing of applications for and issuing of all
Discretionary Approvals requiring the exercise of judgment and deliberation by City;
(b) the holding of any required public hearings; and
(c) the processing of applications for and issuing of all City
Technical Permits requiring the determination of conformance with the Existing
Regulations.
15.15.3 No Revocation. The City shall not revoke or subsequently
disapprove any approval or future approval for the development of the Project or the
Property once issued by the City provided that the development of the Project or the
Property is in accordance with such approval. Any disapproval by the City shall state in
writing the reasons for such disapproval and the suggested actions to be taken in order for
approval to be granted.
15.15.4 Processing During Third Party Litigation. If any third party
lawsuit is filed against the City or School relating to this Agreement or to other
development issues affecting the Property, the City shall not delay or stop the
development, processing or construction of the Property, or issuance of the City
Technical Permits, unless the third party obtains a court order preventing the activity.
The City shall not stipulate to or fail to oppose the issuance of any such order.
Notwithstanding the foregoing and without prejudice to the provisions of Section 15.8(e),
after service on the City or School of the initial petition or complaint challenging this
Agreement or the Project, the School may apply to the Planning Director for a tolling of
22000 /Docs /Crossroads DA 06.14.13
Page 39
the applicable deadlines for School to otherwise comply with this Agreement. Within 40
days after receiving such an application, the Planning Director shall either toll the time
period for up to five years during the pendency of the litigation or deny the requested
tolling.
15.15.5 State, Federal or Case Law. Where any state, federal or case
law allows the City to exercise any discretion or take any act with respect to that law, the
City shall, in an expeditious and timely manner, at the earliest possible time, (i) exercise
its discretion in such a way as to be consistent with, and carry out the terms of this
Agreement and (ii) take such other actions as may be necessary to carry out in good faith
the terms of this Agreement.
15.16 Venue. Any legal action or proceeding among the Parties arising out of
this Agreement shall be instituted in the Superior Court of the County of Los Angeles,
State of California, in any other appropriate court in that County, or in the Federal
District Court in the Central District of California.
15.17 Exhibits. The following exhibits which are part of this Agreement are
attached hereto and each of which is incorporated herein by this reference as though set
forth in full:
Exhibit "A"
Legal Description of the Property
Exhibit "B"
Project Plans
Exhibit "C"
Permitted Fees and Exactions
Exhibit "D"
Conditions of Approval
Exhibit "E"
SMMC Article 9 (Planning and Zoning)
Exhibit "F"
Bike Path Easement Area
Exhibit "G"
[Reserved]
Exhibit "H"
Construction Mitigation Plan
Exhibit "I"
Assignment and Assumption Agreement
Exhibit "J"
Interim Modules Plan
Except as to the Project Plans (attached hereto as Exhibit B) which shall be
treated in accordance with Section 2.1 above, the text of this Agreement shall prevail in
the event that any inconsistencies exist between the Exhibits and the text of this
Agreement.
15.18 Counterpart Signatures. The Parties may execute this Agreement on
separate signature pages which, when attached hereto, shall constitute one complete
Agreement.
15.19 Certificate of Performance. Upon the completion of the Project, or any
phase thereof, or upon performance of this Agreement or its earlier revocation and
termination, the City shall provide School, upon School's request, with a statement
22000 /Dots /Crossroads DA 06.14.13
Page 40
( "Certificate of Performance ") evidencing said completion, termination or revocation
and the release of School from further obligations hereunder, except for any further
obligations which survive such completion, termination or revocation. The Certificate of
Performance shall be signed by the appropriate agents of School and the City and shall be
recorded against title to the Property in the official records of Los Angeles County,
California. Such Certificate of Performance is not a notice of completion as referred to in
California Civil Code Section 3093.
15.20 Interests of School. School represents to the City that, as of the Effective
Date, it has a legal or equitable interest in the Property, subject to encumbrances,
easements, covenants, conditions, restrictions, and other matters of record.
15.21 Operating Memoranda. The provisions of this Agreement require a close
degree of cooperation between the City and School. During the Term of this Agreement,
clarifications to this Agreement and the Existing Regulations may be appropriate with
respect to the details of performance of the City and School. If and when, from time to
time, during the term of this Agreement, the City and School agree that such
clarifications are necessary or appropriate, they shall effectuate such clarification through
operating memoranda approved in writing by the City and School, which, after execution,
shall be attached hereto and become part of this Agreement and the same may be further
clarified from time to time as necessary with future written approval by the City and
School. Operating memoranda are not intended to and cannot constitute an amendment
to this Agreement but mere ministerial clarifications, therefore public notices and
hearings shall not be required for any operating memorandum. The City Attorney shall
be authorized, upon consultation with, and approval of, School, to determine whether a
requested clarification may be effectuated pursuant to the execution and delivery of an
operating memorandum or whether the requested clarification is of such character to
constitute an amendment of this Agreement which requires compliance with the
provisions of Section 8.1 above. The authority to enter into such operating memoranda is
hereby delegated to the City Manager and the City Manager is hereby authorized to
execute any operating memoranda hereunder without further action by the City Council.
15.22 Acknowledgments, Agreements and Assurance on the Part of School.
15.22.1 School's Faithful Performance. The Parties acknowledge and
agree that School's faithful performance in developing the Project on the Property and in
constructing and installing certain public improvements pursuant to this Agreement and
complying with the Existing Regulations will fulfill substantial public needs. The City
acknowledges and agrees that there is good and valuable consideration to the City
resulting from School's assurances and faithful performance thereof and that same is in
balance with the benefits conferred by the City on the Project. The Parties further
acknowledge and agree that the exchanged consideration hereunder is fair, just and
reasonable. School acknowledges that the consideration is reasonably related to the type
and extent of the impacts of the Project on the community and the Property, and further
acknowledges that the consideration is necessary to mitigate the direct and indirect
impacts caused by School on the Property.
22000 /Dots /Crossroads DA 06.14.13
Page 41
15.22.2 Obligations to be Non - Recourse. As a material element of this
Agreement, and in partial consideration for School's execution of this Agreement, the
Parties each understand and agree that the City's remedies for breach of the obligations of
School under this Agreement shall be limited as described in Sections 11.2 through 11.4
above.
15.23 Not a Public Dedication. Nothing in this Agreement shall be deemed to be
a gift or dedication of the Property, or of the Project, or any portion thereof, to the general
public, for the general public, or for any public use or purpose whatsoever, it being the
intention and understanding of the Parties that this Agreement be strictly limited to and
for the purposes herein expressed for the development of the Project as private property.
School shall have the right to prevent or prohibit the use of the Property, or the Project, or
any portion thereof, including common areas and buildings and improvements located
thereon, by any person for any purpose inimical to the development of the Project,
including without limitation to prevent any person or entity from obtaining or accruing
any prescriptive or other right to use the Property or the Project. Any portion of the
Property to be conveyed to the City by School as provided in this Agreement, shall be
held and used by the City only for the purposes contemplated herein or otherwise
provided in such conveyance, and the City shall not take or permit to be taken (if within
the power or authority of the City) any action or activity with respect to such portion of
the Property that would deprive School of the material benefits of this Agreement or
would materially and unreasonably interfere with the development of the Project as
contemplated by this Agreement.
15.24 Other Agreements. The City acknowledges that certain additional
agreements may be necessary to effectuate the intent of this Agreement and facilitate
development of the Project. The City Manager or his/her designee is hereby authorized
to prepare, execute, and record those additional agreements.
15.25 Severability and Termination. If any provision of this Agreement is
determined by a court of competent jurisdiction to be invalid or unenforceable, or if any
provision of this Agreement is superseded or rendered unenforceable according to any
law which becomes effective after the Effective Date, the remainder of this Agreement
shall be effective to the extent the remaining provisions are not rendered impractical to
perform, taking into consideration the purposes of this Agreement.
This Agreement is executed by the Parties on the date first set forth above and is
made effective on and as of the Effective Date.
SCHOOL:
THE CROSSROADS SCHOOL FOR ARTS AND
SCIENCES, a California nonprofit corporation
By: DRAFT
Name:
22000 /Dots /Crossroads DA 06.14.13
Page 42
Title:
CITY:
CITY OF SANTA MONICA,
a municipal corporation
By: DRAFT
Name:
Title:
ATTEST:
By: DRAFT
Name:
City Clerk
APPROVED AS TO FORM:
By: _
Name:
22000/Does /Crossroads DA 06.14.13
Page 43
DRAFT
City Attorney
EXHIBIT "A -1"
LEGAL DESCRIPTION OF 1731 -1733 TWENTIETH STREET
LOT 30 IN BLOCK 20 OF THE ERKENBRECHER SYNDICATE SANTA MONICA TRACT,
EXCEPT THEREFROM THE SOUTHWESTERLY 10.00 FEET THEREOF, AS PER MAP
RECORDED IN BOOK 6, PAGES 26 AND 27 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
THOSE PORTIONS OF LOTS 32 AND 34 IN BLOCK 20 OF THE ERKENBRECHER
SYNDICATE SANTA MONICA TRACT, IN THE CITY OF SANTA MONICA, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 6,
PAGES 26 AND 27 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER, BOUNDED
SOUTHERLY BY THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 32, DISTANT
THEREON SOUTHEASTERLY 6.42 FEET FROM THE MOST WESTERLY CORNER OF
SAID LOT 32; THENCE EASTERLY IN A DIRECT LINE TO A POINT IN THE
NORTHEASTERLY LINE OF LOT 34, DISTANT THEREON SOUTHEASTERLY 29.79
FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT 34.
EXCEPT THEREFROM PARCEL 2 AS DELINEATED AND SHADED ON MAP
RECORDED FEBRUARY 6, 1967 IN STATE HIGHWAY MAP BOOK NO. 5, PAGE 29 IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND AS
RELINQUISHED TO THE CITY OF SANTA MONICA BY DOCUMENT RECORDED JUNE
29, 1967 AS INSTRUMENT O. 2604.
ALSO EXCEPT THE SOUTHWESTERLY 10 FEET OF LOT 32, WITHIN 20TH STREET.
ALSO EXCEPTING THEREFROM ALL OIL, MINERALS, NATURAL GAS AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN, THAT MAY BE WITHIN, OR
UNDER THE HEREIN CONVEYED PARCEL OF LAND, AND THE RIGHTS THERETO,
TOGETHER WITH CERTAIN OTHER CONDITIONS, AS EXCEPTED AND RESERVED IN
DEEDS TO THE STATE OF CALIFORNIA, RECORDED MARCH 29, 1962 IN BOOK D-
1560, PAGE 443 AND MARCH 15, 1952 IN BOOK D -1544, PAGE 894, BOTH OF OFFICIAL
RECORDS OF SAID OFFICE.
Crossroads DA Exhibi1s.06.10.13
Page I
EXHIBIT "A -2"
LEGAL DESCRIPTION OF REMNANT PARCEL
A PORTION OF PARCEL 2 AS DELINEATED AND SHADED ON MAP RECORDED
FEBRUARY 6, 1967 IN STATE HIGHWAY MAP BOOK NO. 5, PAGE 29 IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND AS RELINQUISHED
TO THE CITY OF SANTA MONICA BY DOCUMENT RECORDED JUNE 29, 1967 AS
INSTRUMENT O. 2604.
Crossroads DA Exhibits.06.10.13
Pags 1
EXHIBIT `B"
PROJECT PLANS
Crossroads DA Eahibits.06.10.13
Page 2
EXHIBIT "C"
PERMITTED FEES AND EXACTIONS
School shall pay the following fees and charges that are within the City's
jurisdiction and at the rate in effect at the time payments are made:
(a) Upon submittal for Architectural Review Board (ARB) review, School
shall pay City fees for processing of ARB applications;
(b) Upon submittal for plan check, School shall pay City plan check fees;
(c) Prior to issuance of construction permits, School shall pay the following
City fees and all other standard fees imposed on similar development
projects:
• Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping,
Excavation and Shoring Permit fees (collected by Building & Safety)
• Shoring Tieback fee (collected by EPWM), if applicable
• Construction and Demolition (C &D) Waste Management fee (SMMC
Section 7.60.020) (collected by EPWM) (collected by EPWM)
• Wastewater Capital Facilities Fee (SMMC Section 7.04.460) (collected
by EPWM)
• Water Capital Facilities Fee & Water Meter Instillation fee (Water
Meter Permit fee) (SMMC Section 7.12.090) (collected by EPWM)
• Fireline Meter fee (SMMC Section 7.12.090) (collected by EPWM)
• Cultural Arts Fee (SMMC Section 9.04.10.20). Unless School elects to
satisfy the Private Development Cultural Arts Requirement through on-
site art or cultural facilities, School shall execute a contract to pay the
fee prior to issuance of a building permit. School shall pay the fee prior
to the issuance of a final certificate of occupancy for the Project.
(d) Upon inspection of the Project during the course of construction, City
inspection fees.
These fees shall be reimbursed to School in accordance with the City's standard
practice should School not proceed with development of the Project.
Crossroads DA Exhibits.06.10.13
Page 3
2. Prior to issuance of permits for any construction work in the public right -of -way,
or use of public property, School shall pay the following City fees:
• Use of Public Property Permit fees (SMMC 7.04.670) (EPWM)
a Utility Excavation Permit fee (SMMC 7.04.010) (EPWM)
a Street Permit fee (SMMC 7.04.790) (EPWM)
3. School shall reimburse the City for its ongoing actual costs to monitor the
project's compliance with this Development Agreement. The City shall bill
School for staff time and any material used pursuant to the hourly fees in effect at
the time monitoring is performed. School shall submit payment to the City within
30 days.
Crossroads DA Ezhibits.06. 10.13
Page 4
EXHIBIT "D"
CONDITIONS OF APPROVAL
Project Specific Conditions
1. The project shall provide the Significant Project Features and LUCE Community
Benefits as established in Section 2.6 of this Agreement.
2. Notwithstanding anything to the contrary in the Agreement, no building permit,
grading permit, or excavation permit may be approved until the School has
demonstrated to the satisfaction of the City Attorney's Office that School has
obtained fee ownership and possession of all of the Property, including the
Remnant Parcel as defined below, which is required for development of the
Project. City is the fee owner of approximately 772 square feet of land located
within the boundaries of the Property, as more particularly described in Exhibit
"A -2" (the "Remnant Parcel "). School acknowledges, understands, and agrees
that, notwithstanding anything to the contrary herein, nothing in this Agreement
shall be deemed by School as an express or implied promise, warranty, or
guaranty, that City will sell, transfer, convey or exchange the Remnant Parcel to
School, it being acknowledged, understood and agreed by School that School
undertakes the sole risk of obtaining fee ownership and possession of all of the
Property, including the Remnant Parcel.
3. Prior to the issuance of a building permit, the School shall execute a Bike Path
Easement Agreement with the City consistent with the requirements of
Development Agreement Section 2.6.2(b).
4. The temporary modular classroom facilities shall not be installed until a
demolition permit has been issued for the existing buildings at 1731 -1733 20"
Street and shall be removed within six months from completion and Certificate of
Occupancy for the new science building. The temporary modular classrooms
shall also be removed within three month of any of the following events occurring
(a) expiration of the demolition permit and School has not applied for a building
permit, (b) School's failure to continue to process the building permit application,
as reasonably determined by the Building Official, and (c) expiration of the
building permit prior to issuance of Certificate of Occupancy for the new science
building. The temporary facilities shall comply with modular buildings site plan
shown in Exhibit "J ".
5. The Architectural Review Board shall pay particular attention to the following
design aspects of the project:
Crossroads DA Eshibits.06.10.13
Page 5
® How the design impacts the energy efficiency of the building and the Project's
ability to achieve the LEED® Requirement.
® How science can be expressed to the public through the Project's design.
® How the southern fagade relates to the anticipated future Bike Path, including
appropriate materials and /or landscaping to assist with protecting the southern
fagade from graffiti and vandalism.
® Ensure that the 20th Street fagade enhances the pedestrian environment along
20t" Street.
CITY PLANNING
Administrative Conditions
6. In the event permittee violates or fails to comply with any conditions of approval
of this permit, no further permits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully remedied.
Conformance with Approved Plans
7. This approval is for those plans dated June 25, 2013, 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.
8. Minor amendments to the plans shall be subject to approval by the Director of
Planning. A significant change in the approved concept shall be subject to review
as provided in the Development Agreement. Construction shall be in conformance
with the plans submitted or as modified in accordance with the Development
Agreement.
9. Except as otherwise provided by the Development Agreement, project plans shall
be subject to complete Code Compliance review when the building plans are
submitted for plan check and shall comply with all applicable provisions of
Article IX of the Municipal Code and all other pertinent ordinances and General
Plan policies of the City of Santa Monica prior to building permit issuance.
10. These Conditions of Approval do not supersede any conditions that were imposed
on School as part of prior City land use approvals, except that upon completion of
the science building the parking requirement for School's upper and middle
school campus shall be governed by Section 2.7 of the Development Agreement.
Crossroads DA Exhibits 06.10.13
Page 6
Fees
11. No building permit shall be issued for the project until the School complies with
the requirements of Part 9.04.10.20 of the Santa Monica Municipal Code, Private
Developer Cultural Arts Requirement. If the School elects to comply with these
requirements by providing on -site public art work or cultural facilities, no final
City approval shall be granted until such time as the Director of the Community
and Cultural Services Department issues a notice of compliance in accordance
with Part 9.04.10.20.
Cultural Resources
12. If any archaeological remains are uncovered during excavation or construction,
work in the affected area shall be suspended and a recognized specialist shall be
contacted to conduct a survey of the affected area at project's owner's expense. A
determination shall then be made by the Director of Planning to determine the
significance of the survey findings and appropriate actions and requirements, if
any, to address such findings.
Project Operations
13. Pursuant to SMMC Section 4.12.030(a), activities conducted on the Project Site
(i.e. 1731 -1733 Twentieth Street), including, but not limited to, school athletic
and school entertainment events, are exempt from noise restrictions, provided
such activities are conducted by the School and are not inconsistent with
comparable operations at other public or private schools. To the extent any non-
school activities occur on the Project Site, such non - school operations 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.
14. The project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
Final Design
15. Plans for final design, landscaping, screening, trash enclosures, and signage shall
be subject to review and approval by the Architectural Review Board.
16. Landscaping plans shall comply with Subchapter 9.04.10.04 (Landscaping
Standards) of the Zoning Ordinance including use of water - conserving
Crossroads DA Eshibits.06.10.13
Page 7
landscaping materials, landscape maintenance and other standards contained in
the Subchapter.
17. Refuse areas and storage areas shall be screened in accordance with SMMC
Section 9.04.10.02.130 and 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. As
shown on the Project Plans, rooftop mechanical equipment need not be screened
from view but shall be minimized in height and area, and shall be located in such
a way as to minimize noise and visual impacts to surrounding properties. Unless
otherwise approved by the Architectural Review Board, rooftop mechanical
equipment shall be located at least five feet from the edge of the roof.
18. No gas or electric meters shall be located within the required front or street side
yard setback areas. The Architectural Review Board in its review shall pay
particular attention to the location and screening of such meters.
19. 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.
20. As appropriate, the Architectural Review Board shall require the use of anti -
graffiti materials on surfaces likely to attract graffiti.
Construction Plan Requirements
21. Final building plans submitted for approval of a building permit shall include on
the plans a list of all permanent mechanical equipment to be placed indoors which
may be heard outdoors.
Demolition Requirements
22. Until such time as the demolition is undertaken, and unless the structure is
currently in use, the existing structure shall be maintained and secured by
boarding up all openings, erecting a security fence, and removing all debris,
bushes and planting that inhibit the easy surveillance of the property to the
satisfaction of the Building and Safety Officer and the Fire Department. Any
landscaping material remaining shall be watered and maintained until demolition
occurs.
Crossroads DA Ezhibits.06. 10.13
Page 8
23. Prior to issuance of a demolition permit, applicant shall prepare for Building
Division approval a rodent and pest control plan to insure that demolition and
construction activities at the site do not create pest control impacts on the project
neighborhood.
Construction Period
24. Any construction related activity in the public right -of -way will be required to
acquire the approvals by the City of Santa Monica, including but not limited to:
Use of Public Property Permits, Sewer Permits, Excavation Permits, Alley
Closure Permits, Street Closure Permits, and Temporary Traffic Control Plans.
25. Immediately after demolition and during construction, a security fence, the height
of which shall be the maximum permitted by the Zoning Ordinance, shall be
maintained around the perimeter of the lot. The lot shall be kept clear of all trash,
weeds, etc.
26. Vehicles hauling dirt or other construction debris from the site shall cover any
open load with a tarpaulin or other secure covering to minimize dust emissions.
Immediately after commencing dirt removal from the site, the general contractor
shall provide the City of Santa Monica with written certification that all trucks
leaving the site are covered in accordance with this condition of approval.
27. During demolition, excavation, and construction, this project shall comply with
SCAQMD Rule 403 to minimize fugitive dust and associated particulate
emission, including but not limited to the following:
28. All material excavated or graded shall be sufficiently watered to prevent
excessive amounts of dust. Watering shall occur at least three times daily with
complete coverage, preferably at the start of the day, in the late morning, and after
work is done for the day.
29. All grading, earth moving, or excavation activities shall cease during periods of
high winds (i.e., greater than 20 mph measured as instantaneous wind gusts) so as
to prevent excessive amounts of dust.
30. Soils stockpiles shall be covered.
31. Onsite vehicle speeds shall be limited to 15 mph on the project site.
32. Wheel washers shall be installed where vehicles enter and exit the construction
site onto paved roads or wash off trucks and any equipment leaving the site each
trip.
Cmssmads DA Exhibits.06.10.13
Page 9
33. An appointed construction relations officer shall act as a community liaison
concerning onsite construction activity including resolution of issues related to
PM10 generation.
34. Streets shall be swept at the end of the day using SCAQMD Rule 1186 certified
street sweepers or roadway washing trucks if visible soil is carried onto adjacent
public paved roads (recommend water sweepers with reclaimed water).
35. All active portions the construction site shall be sufficiently watered three times a
day to prevent excessive amounts of dust.
36. School shall prepare a notice, subject to the review by the Director of Planning
and Community Development, that lists all construction mitigation requirements,
permitted hours of construction, and identifies a contact person at City Hall as
well as the School who will respond to complaints related to the proposed
construction. The notice shall be mailed to property owners and residents of the
neighborhood within 500 feet of the Project at least five (5) days prior to the start
of construction.
37. A sign shall be posted on the property in a manner consistent with the public
hearing sign requirements which shall identify the address and phone number of
the owner and /or applicant for the purposes of responding to questions and
complaints during the construction period. Said sign shall also indicate the hours
of permissible construction work.
38. 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.
39. No construction- related vehicles may be parked on the street at any time or on the
subject site during periods of peak parking demand. All construction - related
vehicles must be parked for storage purposes at on offsite location on a private lot
for the duration of demolition and construction. The offsite location shall be
approved as part of the Department of Environmental and Public Works review of
the construction period mitigation plan and by the Department of City Planning if
a Temporary Use Permit is required.
40. Construction period signage shall be subject to the approval of the Architectural
Review Board.
Standard Conditions
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Page 10
41. Except for the mechanical equipment shown on the roof on the Project Plans and
solar energy systems as defined in SMMC Section 9.04.10.02.220, all mechanical
equipment that extends more than twelve inches above the roof parapet shall be
screened from view SMMC Section 9.04.10.02.140.
42. 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.
43. The property owner shall insure any graffiti on the site is promptly removed
through compliance with the City's graffiti removal program.
Condition Monitoring
44. The applicant authorizes reasonable City inspections of the property to ensure
compliance with the conditions of approval imposed by the City in approving this
project and will bear the reasonable cost of these inspections.
STRATEGIC AND TRANSPORTATION PLANNING
45. Final auto parking, bicycle parking and loading layouts specifications shall be
subject to the review and approval of the Strategic and Transportation Planning
Division, but without prejudice to the continued ability to utilize existing tandem
parking:
http: / /www. smgov. net /uploadedFiles/ Departments /Transportation/Transportation
Management /ParlcingStandards.pdf
46. Where a driveway, garage, parking space or loading zone intersects with the
public right -of -way at the alley or sidewalk, hazardous visual obstruction triangles
shall be provided in accordance with SMMC Section 9.04.10.02.090. Please
reference the following standards:
http: / /www. smgov. net /uploadedFiles/ Departments /Transportation/Transportation
Management /HV O.pdf
47. Slopes of all driveways and ramps used for ingress or egress of parking facilities
shall be designed in accordance with the standards established by the Strategic
and Transportation Planning Manager but shall not exceed a twenty percent slope.
Please reference the following standards:
http: / /www. smgov. net /uploadedFiles/ Departments /Transportation/Transportation
Management/RampSlope.pdf
Crossroads DA Exhibits.06.10.13
Page 11
PUBLIC LANDSCAPE
48. Street trees immediately adjacent to the project site shall be maintained, relocated
or provided as required in a manner consistent with the City's Urban Forest
Master Plan, per the specifications of the Public Landscape Division of the
Community & Cultural Services Department and the City's Tree Code (SMMC
Chapter 7.40). No street trees shall be removed without the approval of the Public
Landscape Division.
49. Prior to the issuance of a demolition permit all street trees that are adjacent to or
will be impacted by the demolition or construction access shall have tree
protection zones established in accordance with the Urban Forest Master Plan.
All tree protection zones shall remain in place until demolition and /or
construction has been completed.
50. Replace or plant new street trees in accordance with in accordance with Urban
Forest Master Plan and in consultation with city arborist.
OFFICE OF SUSTAINABILITY AND THE ENVIRONMENT
51. School shall enroll the property in the Savings By Design incentive program
where available through Southern California Edison prior to submittal of plans for
Architectural Review. School shall execute an incentive agreement with Southern
California Edison prior to the issuance of a building permit.
52. The project shall comply with requirements in section 8.106 of the Santa Monica
Municipal code, which adopts by reference the California Green Building
Standards Code and which adds local amendments to that Code. In addition, the
project shall meet the landscape water conservation and construction and
demolition waste diversion requirements specified in Section 8.108 of the Santa
Monica Municipal Code.
RENT CONTROL
53. Pursuant to SMMC Section 4.24.030, prior to receipt of the final permit necessary
to demolish, convert, or otherwise remove a controlled rental unit(s) from the
housing market, the owner of the property shall first secure a removal permit
under Section 1803(t), an exemption determination, an approval of a vested rights
claim from the Rent Control board, or have withdrawn the controlled rental
unit(s) pursuant to the provisions of the Ellis Act.
PUBLIC WORKS
Crossroads DA Exhibi1s.06.10.13
Page 12
General Conditions
60. School shall be responsible for the payment of the following Public Works
Department (PWD) permit fees prior to issuance of a building permit:
a. Water Services
b. Wastewater Capital Facility
C. Water Demand Mitigation
d. Fire Service Connection
e. Tieback Encroachment, if applicable
f Encroachment of on -site improvements into public right -of -way, if
applicable
g. Construction and Demolition Waste Management — If the valuation of a
project is at least $50,000 or if the total square feet of the project is equal
to or greater than 1000 square feet, then the owner or contractor is
required to complete and submit a Waste Management Plan. All
demolition projects are required to submit a Waste Management Plan. A
performance deposit is collected for all Waste Management Plans equal to
3% of the project value, not to exceed $30,000. All demolition only
permits require a $1,000 deposit or $1.00 per square foot, whichever is the
greater of the two.
Some of these fees shall be reimbursed to School in accordance with the City's
standard practice should School not proceed with development of the Project. In
order to receive a refund of the Construction and Demolition performance deposit,
the owner or contractor must provide receipts of recycling 70% of all materials
listed on the Waste Management Plan.
61. Any work or use of the public right -of -way including any proposed
encroachments of on -site improvements into the public right -of -way will require a
permit from the Public Works Department (PWD) - Administrative Services
Division.
62. Plans and specifications for all offsite improvements shall be prepared by a
Registered Civil Engineer licensed in the State of California for approval by the
City Engineer prior to issuance of a building permit.
63. hmnediately after demolition and during construction, a security fence, the height
of which shall be the maximum permitted by the Zoning Ordinance, shall be
maintained around the perimeter of the lot. The lot shall be kept clear of all trash,
weeds, etc.
Crossroads DA Exhibit06. 10.13
Page 13
64. 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, School and contractor for the purposes of responding to questions and
complaints during the construction period. Said sign shall also indicate the hours
of permissible construction work.
65. Prior to the demolition of any existing structure, the applicant shall submit a
report from an industrial hygienist to be reviewed and approved as to content and
form by the Building & Safety Division. The report shall consist of a hazardous
materials survey for the structure proposed for demolition. The report shall
include a section on asbestos and in accordance with the South Coast AQMD
Rule 1403, the asbestos survey shall be performed by a state Certified Asbestos
Consultant (CAC). The report shall include a section on lead, which shall be
performed by a state Certified Lead Inspector /Assessor. Additional hazardous
materials to be considered by the industrial hygienist shall include: mercury (in
thermostats, switches, fluorescent light), polychlorinated biphenyls (PCBs)
(including light Ballast), and fuels, pesticides, and batteries.
Water Resources
66. Connections to the sewer or storm drains require a sewer permit from the PWD -
Civil Engineering Division. Connections to storni drains owned by Los Angeles
County require a permit from the L.A. County Department of Public Works.
67. Structures and other facilities on the Project Site (i.e. 1731 -1733 20`x' Street)
generating wastewater with potential oil and grease content are required to
pretreat the wastewater before discharging to the City storm drain or sewer
system. Pretreatment will require that a clarifier or oil /water separator be
installed and maintained on site.
68. If the project involves dewatering, School /contractor shall contact the LA
Regional Water Quality Control Board (RWQCB) to obtain an NPDES Permit for
discharge of groundwater from construction dewatering to surface water. For
more information refer to: http:// www .waterboards.ca.gov /losangeles/ and search
for Order # R4- 2003 -0111.
69. School shall not directly connect to a public storm drain pipe or direct site
drainage to the public alley, except as necessary for overflow.
70. All existing sanitary sewer "house connections" to be abandoned, shall be
removed and capped at the "Y" connections.
Crossroads DA Exbibiis.06.10.13
Page 14
71. The fire services and domestic services 3- inches or greater must be above ground,
on the applicant's site, readily accessible for testing.
72. School is required to meet state cross - connection and potable water sanitation
guidelines. Refer to requirements and comply with the cross - connections
guidelines available at:
http:// wwwlapublichealtli. org /eh/progs /encirp /ehcross.htin. Prior to issuance of a
Certificate of Occupancy, a cross - connection inspection shall be completed.
73. Plumbing fixtures that meet the standards for 20% water use reduction specified
in the California Green Building Standards Code are required on all new
development and remodeling where plumbing is to be added.
Urban Water Runoff Mitigation
74. To mitigate storm water and surface runoff from the project site, an Urban Runoff
Mitigation Plan shall be required by the PWD pursuant to Municipal Code
Chapter 7.10. Prior to submittal of landscape plans for Architectural Review
Board approval, the applicant shall contact PWD to determine applicable
requirements, such as:
a. The site must comply with SMMC Chapter 7.10 Urban Runoff Pollution
Ordinance for the construction phase and post construction activities;
b. Non - stormwater runoff, sediment and construction waste from the
construction site and parking areas is prohibited from leaving the site;
C. Any sediments or materials which are tracked off -site must be removed
the same day they are tracked off -site;
d. Excavated soil must be located on the site and soil piles should be covered
and otherwise protected so that sediments are not tracked into the street or
adjoining properties;
e. No runoff from the construction site shall be allowed to leave the site; and
f Drainage control measures shall be required depending on the extent of
grading and topography of the site.
g. Development sites that result in land disturbance of one acre or more are
required by the State Water Resources Control Board (SWRCB) to submit
a Storm Water Pollution Prevention Plan ( SWPPP). Effective September
2, 2011, only individuals who have been certified by the Board as a
"Qualified SWPPP Developer" are qualified to develop and /or revise
SWPPPs. A copy of the SWPPP shall also be submitted to the PWD.
Crossroads DA ExhibitsA6.10. 13
Page 15
75. Prior to implementing any temporary construction dewatering or permanent
groundwater seepage pumping, a permit is required from the City Water
Resources Protection Program (WRPP). Please contact the WRPP for permit
requirements at least two weeks in advance of planned dewatering or seepage
pumping. They can be reached at (310) 458 -8235.
Public Streets & Right -of -Way
76. Prior to the issuance of a Certificate of Occupancy for the Project, all required
offsite improvements, such as AC pavement rehabilitation, replacement of
sidewalk, curbs and gutters, installation of street trees, lighting, etc. shall be
designed and installed to the satisfaction of the Public Works Department and
Public Landscape Division provided such offsite improvements satisfy the legal
requirement for a nexus to the project.
77. Unless otherwise approved by the PWD, all sidewalks shall be kept clear and
passable during the grading and construction phase of the project.
78. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal
as a result of the project or needed improvement prior to the project, as
determined by the PWD shall be reconstructed to the satisfaction of the PWD.
Design, materials and workmanship shall match the adjacent elements. This is
especially true for areas within the City that have architectural concrete, pavers,
tree wells, art elements, special landscaping, etc.
79. Street and alley sections adjacent to the Project Site (i.e. 1731 -1733 Twentieth
Street) shall be replaced as determined by the PWD. This typically requires full
reconstruction of the street or alley in accordance with City of Santa Monica
standards for the full adjacent length of the Project Site.
Utilities
80. Prior to the issuance of a Certificate of Occupancy for the Project, provide new
street - pedestrian lighting with a multiple circuit system within the development
site in compliance with the PWD Standards and requirements to the extent
required. New street - pedestrian light poles, fixtures and appurtenances to meet
City standards and requirements.
81. Prior to submitting plans, make arrangements with all affected utility companies
and indicate points of connection for all services on the site plan drawing. School
shall comply with SMMC Section 7.04.820 to the extent it requires existing and
proposed overhead utilities that provide direct customer service to the Project Site
(i.e. 1731 -1733 Twentieth Street) to be relocated underground; provided,
Crossroads DA Axhibils.06. 10.13
Page 16
however, that this condition shall not override the City's obligations pursuant to
Section 2.6.2(b)(ii) of this Agreement.
82. Location of Southern California Edison electrical transformer and switch
equipment /structures must be clearly shown of the development site plan and
other appropriate plans within the project limits. The SCE structures serving the
proposed development shall not be located in the public right -of -way.
Resource Recovery and Recycling
83. Prior to issuance of a Permit, submit a waste management plan and a recycling
plan to the RRR Division for its approval. Visit the Resource Recovery and
Recycling (RRR) website or contact the RRR Division for requirements of the
Waste Management Plan and to obtain the minimum dimensions of the refuse
recycling enclosure. The recycling plan shall include:
a. List of materials such as white paper, computer paper, metal cans, and
glass to be recycled;
b. Location of recycling bins;
C. Designated recycling coordinator;
d. Nature and extent of internal and external pick -up service;
e. Pick -up schedule; and
f. Plan to inform occupants of service.
Construction Period Mitigation
84. A construction period mitigation plan shall be prepared by the applicant for
approval by the PWD prior to issuance of a building permit. The approved
mitigation plan shall be posted on the site for the duration of the project
construction and shall be produced upon request. As applicable, this plan shall:
a. Specify the names, addresses, telephone numbers and business license
numbers of all contractors and subcontractors as well as the School and
architect;
b. Describe how demolition of any existing structures is to be accomplished;
C. Indicate where any cranes are to be located for erection/construction;
d. Describe how much of the public street, alleyway, or sidewalk is proposed
to be used in conjunction with construction;
e. Set forth the extent and nature of any pile- driving operations;
Crossroads DA Exhibi1s.06.10.13
Page 17
f. Describe the length and number of any tiebacks which must extend under
the public right -of -way and other private properties;
g. Specify the nature and extent of any dewatering and its effect on any
adjacent buildings;
h. Describe anticipated construction - related truck routes, number of buck
trips, hours of hauling and parking location;
i. Specify the nature and extent of any helicopter hauling;
j. State whether any construction activity beyond normally permitted hours
is proposed;
k. Describe any proposed construction noise mitigation measures, including
measures to limit the duration of idling construction trucks;
1. Describe construction- period security measures including any fencing,
lighting, and security personnel;
m. Provide a grading and drainage plan;
n. Provide a construction -period parking plan which shall minimize use of
public streets for parking;
o. List a designated on -site construction manager;
P. Provide a construction materials recycling plan which seeks to maximize
the reuse /recycling of construction waste;
q. Provide a plan regarding use of recycled and low- environmental- impact
materials in building construction; and
r. Provide a construction period urban runoff control plan.
Air Quality
85. Dust generated by the development activities shall be kept to a minimum with a
goal of retaining dust on the site through implementation of the following
measures recommended by the SCAQMD Rule 403 Handbook:
• During clearing, grading, earth moving, excavation, or transportation of cut or
fill materials, water trucks or sprinkler systems are to be used to the extent
necessary to prevent dust from leaving the site and to create a crust after each
day's activities cease.
• Vehicles hauling dirt or other construction debris from the site shall cover any
open load with a tarpaulin or other secure covering to minimize dust
emissions. Immediately after commencing dirt removal from the site, the
Crossroads DALs1ibits.06AA3
Page B
general contractor shall provide the City with written certification that all
trucks leaving the site are .covered in accordance with this condition of
approval.
® During clearing, grading, earth moving, excavation, or transportation of cut or
fill materials, streets and sidewalks within 150 feet of the site perimeter shall
be swept and cleaned a minimum of twice weekly or as frequently as required
by the PWD.
® During construction, water trucks or sprinkler systems shall be used to keep .
all areas of vehicle movement damp enough to prevent dust from leaving the
site. At a minimum, this would include wetting down such areas in the later
morning and after work is completed for the day and whenever wind exceeds
15 miles per hour.
• Soil stockpiled for more than two days shall be covered, kept moist, or treated
with soil binders to prevent dust generation.
86. Construction equipment used on the site shall meet the following conditions in
order to minimize NOx and ROC emissions:
• Diesel - powered equipment such as booster pumps or generators should be
replaced by electric equipment to the extent feasible; and
• The operation of heavy -duty construction equipment shall be limited to no
more than 5 pieces of equipment at one time.
Noise Attenuation
87. All diesel equipment shall be operated with closed engine doors and shall be
equipped with factory - recommended mufflers.
88. Electrical power shall be used to run air compressors and similar power tools.
89. For all noise - generating activity on the project site associated with the installation
of new facilities, additional noise attenuation techniques shall be employed to
reduce noise levels to City of Santa Monica noise standards. Such techniques
may include, but are not limited to, the use of sound blankets on noise generating
equipment and the construction of temporary sound barriers between construction
sites and nearby sensitive receptors.
Miscellaneous
Crossroads DA Exhibit06.10.13
Pagc 19
90. For temporary excavation and shoring that includes tiebacks into the public right -
of -way, a Tieback Agreement, prepared by the City Attorney, will be required.
FIRE
General Requirements
The following comments are to be included on plans if applicable.
Requirements are based on the California Fire Code (CFC), the Santa Monica Municipal
Code (SMMC) and the California Building Code (CBC).
California Fire Code/ Santa Monica Fire Department Requirements
91. A fire apparatus access road shall be provided to within 150 feet of all exterior
walls of the first floor of the building. The route of the fire apparatus access road
shall be approved by the fire department. The 150 feet is measured by means of
an unobstructed route around the exterior of the building.
92. Apparatus access roads shall have a minimum unobstructed width of 20 feet. A
minimum vertical clearance of 13 feet 6 inches shall be provided for the apparatus
access roads.
93. Dead -end fire apparatus access roads in excess of 150 feet in length shall be
provided with an approved means for turning around the apparatus.
94. A "Knox" key storage box shall be provided for ALL new construction. For
buildings, other than high -rise, a minimum of 3 complete sets of keys shall be
provided. Keys shall be provided for all exterior entry doors, fire protection
equipment control equipment rooms, mechanical and electrical rooms, elevator
controls and equipment spaces, etc.
95. Santa Monica Municipal Code Chapter 8 section 8.44.050 requires an approved
automatic fire sprinkler system in ALL new construction and certain remodels or
additions. Any building that does not have a designated occupant and use at the
time fire sprinkler plans are submitted for approval, the system shall be designed
and installed to deliver a minimum density of not less than that required for
ordinary hazard, Group 2, with a minimum design area of not less than three
thousand square feet. Plans and specifications for fire sprinkler systems shall be
submitted and approved prior to system installation.
96. The standpipe(s) shall be installed before the progress of construction is more
than 35- feet above grade. Two - and - one - half -inch valve hose connections shall
be provided at approved, accessible locations adjacent to useable stairs.
Temporary standpipes shall be capable of delivering a minimum demand of 500
Crossroads DA rxhibits.06.10A3
Page 20
gpm at 100 -psi residual pressure. Pumping equipment shall be capable of
providing the required pressure and volume.
97. Provide Multipurpose Dry Chemical type fire extinguishers with a minimum
rating of 2A- IOB:C. Extinguishers shall be located on every floor or level.
Maximum travel distance from any point in space or building shall not exceed 75
feet. Extinguishers shall be mounted on wall or installed in cabinet no higher than
4 ft. above finished floor and plainly visible and readily accessible or signage
shall be provided.
98. Every building and /or business suite is required to post address numbers that are
visible from the street and alley. Address numbers shall be a minimum of six (6)
inches in height and contrast with their background. Suite or room numbers shall
be a minimum of four (4) inches in height and contrast with their background.
Santa Monica Municipal Code Chapter 8 Section 8.48.130 (1) (1)
99. When more than one exit is required they shall be arranged so that it is possible to
go in either direction to a separate exit, except deadends not exceeding 20 feet,
and 50 feet in fully sprinklered buildings.
100. Exit and directional signs shall be installed at every required exit doorway,
intersection of corridors, exit stairways and at other such locations and intervals
as necessary to clearly indicate the direction of egress. This occupancy /use
requires the installation of approved floor level exit pathway marking. Exit doors
shall be openable from the inside without the use of a key, special effort or
knowledge.
101. Show ALL door hardware intended for installation on Exit doors.
102. In buildings two stories or more in height an approved floor plan providing
emergency procedure information shall be posted at the entrance to each stairway,
in every elevator lobby, and immediately inside all entrances to the building. The
information shall be posted so that it describes the represented floor and can be
easily seen upon entering the floor level or the building. Required information
shall meet the minimum standards established. in the Santa Monica Fire
Department, Fire Prevention Division, information sheet entitled "Evacuation
Floor Plan Signs." (California Code of Regulations Title 19 Section 3.09)
103. Stairway Identification shall be in compliance with CBC 1022.8
104. Floor -level exit signs are required in Group A, E, I, R -1, R -2 and R -4
occupancies.
Crossroads DA Exhibi106.10.13
Pap 21
105. In buildings two stories in height at least one elevator shall conform to the
California Building Code Chapter 30 section 3003.5a for General Stretcher
Requirements for medical emergency use.
a. The elevator entrance shall not be less than 42 inches wide by 72 inches
high.
b. The elevator car shall have a minimum clear distance between walls
excluding return panels of not less than 80 inches by 54 inches.
C. Medical emergency elevators shall be identified by the international
symbol (star of life) for emergency elevator use. The symbol shall be not
less than 3- inches in size.
106. Storage, dispensing or use of any flammable or combustible liquids, flammable
compressed gases or other hazardous materials shall comply with the Uniform
Fire Code. The Santa Monica Fire Department prior to any materials being stored
or used on site shall approve the storage and use of any hazardous materials.
Complete and submit a "Consolidated Permit Application Package." Copies may
be obtained by calling (310) 458 -8915.
107. Alarm- initiating devices, alarm- notification devices and other fire alarm system
components shall be designed and installed in accordance with the appropriate
standards of Chapter 35 of the Building Code, and the National Fire Alarm Code
NFPA 72. The fire alarm system shall include visual notification appliances for
warning the hearing impaired. Approved visual appliances shall be installed in
ALL rooms except private (individual) offices, closets, etc.
108. An approved fire alarm system shall be installed as follows:
109. Group A Occupancies with an occupant load of 1,000 or more shall be provided
with a manual fire alarm system and an approved prerecorded message
announcement using an approved voice communication system. Emergency
power shall be provided for the voice comrunication system.
110. Group E Occupancies having occupant loads of 50 or more shall be provided with
an approved manual fire alarm system.
111. Plans and specifications for fire alarm systems shall be submitted and approved
prior to system installation
Crossroads DA Exbibhs.06.10.13
Page 22
Santa Monica Fire Department - Fire Prevention Policy Number 5 -1
Subject: Fire Apparatus Access Road Requirements
Scope: This policy identifies the minimum standards for apparatus access roads required
by California Fire Code, Section 503.
Application
112. Fire apparatus access roads shall comply with the following minimum standards:
a. The minimum clear width shall be not less than 20 feet. No parking,
stopping or standing of vehicles is permitted in this clear width.
b. When fire hydrants or fire department connections to fire sprinkler
systems are located on fire apparatus access roads the minimum width
shall be 26 feet. This additional width shall extend for 20 feet on each side
of the centerline of the fire hydrant or fire department connection.
C. The minimum vertical clearance shall be 13 feet, 6 inches.
d. The minimum turn radius for all access road turns shall be not less than 39
feet for the inside radius and 45 feet for the outside radius.
e. Dead -end access roads in excess of 150 feet in length shall be provided
with either a 96 feet diameter "cul -de- sac," 60 foot "Y" or 120 -foot
"hammerhead" to allow the apparatus to turn.
f The surface shall be designed and maintained to support the imposed loads
of at least 75,000 -pound and shall be "all- weather." An "all- weather"
surface is asphalt, concrete or other approved driving surface capable of
supporting the load.
113. Gates installed on fire apparatus access roads shall comply with the following:
a. The width of any gate installed on a fire apparatus access road shall be a
minimum of 20 feet.
b. Gates may be of the swinging or sliding type.
C. Gates shall be constructed of materials that will allow for manual
operation by one person.
d. All gate components shall be maintained in an operative condition at all
times and shall be repaired or replaced when defective.
C. Electric gates shall be equipped with a means of opening the gate by fire
department personnel for emergency access. The Fire Prevention Division
shall approve emergency opening devices.
Crossmads DA Exhibiis.06.10.13
Page 23
f Manual opening gates may be locked with a padlock, as long it is
accessible to be opened by means of forcible entry tools.
g. The Fire Prevention Division shall approve locking device specification.
0
`-26'R
287 R TYP.'
TY P' q— 20
96' DIAMETER 60' "Y'
CUL-DE-SAC
r-2 '- -�
28'R
TYP.'
—}
120' HAMMERHEAD
—> < - -26'
�- 20'
MINIMUM CLEARANCE
AROUND A RRE
HYDRANT
28'R
TYP
I
70'—
201ff
-a � 20-
ACCEPTABLE ALTERNATIVE
TO 120' HAMMERHEAD
114. Fire apparatus access roads shall be marked with permanent NO PARKING —
FIRE LANE CVC SECTION 22500.1. Signs shall have a minimum dimension of
12 inches wide and 18 inches high having red letters on a white reflective
background.
a. Fire apparatus access roads signs and placement shall comply with the
following:
i. Fire Apparatus access roads 20 to 26 feet wide must be posted on
both sides as a fire lane.
ii. Fire Apparatus access roads 26 to 32 feet wide must be posted on
one side as a fire lane.
115. Buildings or facilities exceeding 30 feet in height or more than 3 stories in height
shall have at least 2 fire apparatus access roads for each structure.
Crossroads DA Eshibit06.10.13
Page 24
116. Fire apparatus access roads for commercial and industrial development shall
comply with the following:
i. Buildings or facilities exceeding 30 feet in height or more than 3 stories in
height shall have at least 2 means of fire apparatus access for each
structure.
ii. Buildings or facilities having a gross floor area of more than 62,000
square feet shall be provided with 2 fire apparatus access roads.
iii. When two access roads are required, they shall be placed a distance apart
equal to not less than one half of the length of the maximum overall
diagonal dimension of the property or area to be accessed measured in a
straight line between access.
117. Aerial apparatus access roads shall comply with the following:
i. Buildings or portions of buildings or facilities exceeding 30 feet in height
from the lowest point of Fire Department access shall be provided shall be
provided with approved apparatus access roads capable of accommodating
aerial apparatus.
ii. Apparatus access roads shall have a minimum width of 26 feet in the
immediate vicinity of any building or portion of a building more than 30
feet in height.
iii. At least one of the required access roads meeting this condition shall be
located within a minimum of 15 feet and maximum of 30 feet from the
building and shall be a positioned parallel to one entire side of the
building.
Crossroads DA EXhlbiK06. 10.13
Page 25
118. California Building Code/ Santa Monica Fire Department Requirements
Occupancy Classification and Division
® If a change in occupancy or use, identify the existing and all proposed new
occupancy classifications and uses
® Assembly (A -1, A -2, A -3), Business (B), Mercantile (M), Residential (R), etc.
O Include all accessory uses
Building Height
• Height in feet (SMMC defines a High -Rise as any structure greater then 55
feet.)
• Number of stories
• Detail increase in allowable height
Crossroads DA Fxhibits.06.10.13
Yaga 26
Total Floor Area of Building or Project
• Basic Allowable Floor Area
• Floor Area for each room or area
• Detail allowable area increase calculations
Corridor Construction
• Type of Construction
• Detail any and all code exceptions being used
Occupant Load Calculations
• Occupancy Classification for each room or area.
• Occupant Load Calculation for each room or area based on use or occupancy
• Total Proposed Occupant Load
Means of Egress
• Exit width calculations
• Exit path of travel
• Exit Signage and Pathway Illumination (low level exit signage)
Atria - Atria shall comply with CBC Section 404 as follows:
• Atria shall not be permitted in buildings containing Group H Occupancies.
• The entire building shall be sprinklered.
• A mechanically operated smoke - control system meeting the requirements of
Section 909 and 909.9 shall be installed.
• Smoke detectors shall be installed in accordance with the Fire Code.
• Except for open exit balconies within the atrium, the atrium shall be separated
from adjacent spaces by one -hour fire - resistive construction. See exceptions to
Section 404.6.
Cmssmada DA Exhibim.06.10.13
Page 27
• When a required exit enters the atrium space, the travel distance from the
doorway of the tenant space to an enclosed stairway, horizontal exit, exterior
door or exit passageway shall not exceed 200 feet.
• In other than jails, prisons and reformatories, sleeping rooms of Group I
Occupancies shall not have required exits through the atrium.
• Standby power shall be provided for the atrium and tenant space smoke -
control system. Sections 404.7 and 909.11.
• The interior finish for walls and ceilings of the atrium and all unseparated
tenant spaces shall be Class L Section 404.8.
Atriums of a height greater than 20 feet, measured from the ceiling sprinklers, shall only
contain furnishings and decorative materials with potential heat of combustion less than
9,000 Btu's per pound. All furnishings to comply with California Bureau of Home
Furnishings, Technical Bulletin 133, "Flammability Test for Seating Furniture in Public
Occupancies."
All furnishings in public areas shall comply with California Bureau of Home Furnishings,
Technical Bulletin 133, "Flammability Test for Seating Furniture in Public Occupancies."
Los Angeles County Fire
119. Fire Flow Requirements
I. INTRODUCTION
A. Pub: To provide Department standards for fire flow, hydrant spacing
and specifications.
B. Scope: Informational to the general public and instructional to all
individuals, companies, or corporations involved in the subdivision of land,
construction of buildings, or alterations and /or installation of fire protection
water systems and hydrants.
C. Author: The Deputy Chief of the Prevention Services Bureau through
the Assistant Fire Chief (Fire Marshal) of the Fire Prevention Division
is responsible for the origin and maintenance of this regulation.
D. Definitions:
1. GPM — gallons per minute
2. psi — pounds per square inch
Crossroads DA Exhibi1s.06.10.13
Page 28
3. Detached condominiums — single detached dwelling units on
land owned in common
4. Multiple family dwellings — three or more dwelling units
attached
IL RESPONSIBILITY
A. Land Development Unit
1. The Department's Land Development Unit shall review all
subdivisions of land and apply fire flow and hydrant spacing
requirements in accordance with this regulation and the present
zoning of the subdivision or allowed land use as approved by the
County's Regional Planning Commission or city planning
department.
B. Fire Prevention Engineering Section
1. The Department's Fire Prevention Engineering Section shall
review building plans and apply fire flow and hydrant spacing
requirements in accordance with this regulation.
III. POLICY
A. The procedures, standards, and policies contained herein are provided
to ensure the adequacy of, and access to, fire protection water and shall
be enforced by all Department personnel.
(remainder of page is blank)
Crossroads DA Exhibits.06.10.13
Page 29
IV. PROCEDURES
A. Land development: fire flow, duration of flow, and hydrant spacing
The following requirements apply to land development issues such as: tract
and parcel maps, conditional use permits, zone changes, lot line adjustments,
planned unit developments, etc.
1. Multiple family dwellings, hotels, high rise, commercial, industrial, etc.
a. Due to the undetermined building designs for new land
development projects (undeveloped land), the required fire flow
shall be: 5,000 GPM 5 hrs. 300 ft.
NOTE: REDUCTION IN FIRE FLOW IN ACCORDANCE
WITH TABLE 1.
b. Land development projects consisting of lots having existing
structures shall be in compliance with Table 1 (fire flow per
building size). This standard applies to multiple family
dwellings, hotels, high rise, commercial, industrial, etc.
NOTE: FIRE FLOWS PRECEDING ARE MEASURED AT
20 POUNDS PER SQUARE INCH RESIDUAL
PRESSURE.
B. Building plans
The Department's Fire Prevention Engineering Section shall review building plans
and apply fire flow requirements and hydrant spacing in accordance with the
following:
Multiple residential, apartments, single family residences (greater than
5,000 square feet), private schools, hotels, high rise, commercial,
industrial, etc. (R -1, E, B, A, I, H, F, M, S) (see Table 1).
C. Public fire hydrant requirements
1. Fire hydrants shall be required at intersections and along access ways as
spacing requirements dictate
2. Spacing
a. Cul -de -sac
When cul -de -sac depth exceeds 450' (residential) or
Crossroads DA ExMblt06. W.13
Page 30
200' (commercial), hydrants shall be required at mid -
block. Additional hydrants will be required if hydrant
spacing exceeds specified distances.
b. All occupancies
Other than single family dwellings, such as commercial,
industrial, multi- family dwellings, private schools,
institutions, detached condominiums (five or more
units), etc.
Fire hydrant spacing shall be 300 feet
NOTE:The following guidelines shall be used in
meeting the hydrant spacing requirements.
(1) No portion of lot frontage shall be more than
200 feet via vehicular access fi•om a public hydrant.
(2) No portion of a building should exceed 400 feet
via vehicular access from a properly spaced public
hydrant.
c. Supplemental fire protection
When a structure cannot meet the required public
hydrant spacing distances, supplemental fire protection
shall be required.
NOTE: Supplemental fire protection is not limited to
the installation of on -site fire hydrants; it may include
automatic extinguishing systems.
3. Hydrant location requirements - both sides of a street
Hydrants shall be required on both sides of the street whenever:
a. Streets having raised median center dividers that make access to
hydrants difficult, causes time delay, and /or creates undue hazard.
b. For situations other than those listed in "a" above, the Department's
inspector's judgment shall be used. The following items shall be
considered when determining hydrant locations:
(1) Excessive traffic loads, major arterial
route, in which traffic would be difficult to
detour.
(2) Lack of adjacent parallel public streets in
which traffic could be redirected (e.g.,
Pacific Coast Highway).
(3) Past practices in the area.
Crossroads DA Exhibit06.10.13
Page 31
(4) Possibility of future development in the
area.
(5) Type of development (i.e., flag -lot units,
large apartment or condo complex, etc.).
(6) Accessibility to existing hydrants
(7) Possibility of the existing street having a
raised median center divider in the near
future.
D. On -Site Hydrant Requirements
1. When any portion of a proposed structure exceeds (via vehicular access)
the allowable distances from a public hydrant and on -site hydrants are
required, the following spacing requirements shall be met:
a. Spacing distance between on -site hydrants shall be 300 to 600 feet.
(1) Design features shall assist in allowing
distance modifications.
b. Factors considered when allowing distance modifications.
(1) Only sprinklered buildings qualify for the
maximum spacing of 600 feet.
(2) For non- sprinklered buildings,
consideration should be given to fire
protection, access doors, outside storage,
etc. Distance between hydrants should
not exceed 400 feet.
2. Fire flow
a. All on -site fire hydrants shall flow a minimum of 1,250 gallons per
minute at 20 psi for a duration of two hours. If more than one on-
site fire hydrant is required, the on -site fire flow shall be at least
2,500 gallons per minute at 20 psi, flowing from two hydrants
simultaneously. On site flow may be greater depending upon the
size of the structure and the distance from public hydrants.
NOTE: ONE OF THE TWO HYDRANTS TESTED SHALL BE
THE FARTHEST FROM THE PUBLIC WATER
SOURCE.
3. Distance from structures
All on -site hydrants shall be installed a minimum of 25 feet from a
structure or protected by a two -hour firewall.
Crossroads DA lxhibi1s.06.10. 13
Page 32
4. Shut -off valves
All on -site hydrants shall be equipped with a shut -off (gate) valve,
which shall be located as follows:
a. Minimum distance to the hydrant 10 feet.
b. Maximum distance from the hydrant 25 feet
Inspection of new installations
All new on -site hydrants and underground installations are subject
to inspection of the following items by a representative of the
Department:
a. Piping materials and the bracing and support thereof.
b. A hydrostatic test of 200 psi for two hours.
c. Adequate flushing of the installation.
d. Flow test to satisfy required fire flow.
(1) Hydrants shall be painted with two coats of red primer and
one coat of red paint, with the exception of the stem and
threads, prior to flow test and acceptance of the system.
6. Maintenance
It shall be the responsibility of the property management company,
the homeowners association, or the property owner to maintain on-
site hydrants.
a. Hydrants shall be painted with two coats of red primer and one coat
of red, with the exception of the stern and threads, prior to flow test
and acceptance of the system.
b. No barricades, walls, fences, landscaping, etc., shall be installed or
planted within three feet of a fire hydrant.
E. Public Hydrant Flow Procedure
The minimum acceptable flow from any existine public hydrant shall be 1,000
GPM unless the required fire flow is less. Hydrants used to satisfy fire
flow requirements will be determined by the following items:
Only hydrants that meet spacing requirements are acceptable
for meeting fire flow requirements.
2. In order to meet the required fire flow:
Crossroads DA Exhibits 06.10.13
Page 33
a. Flow closest hydrant and calculate to determine flow at 20
pounds per square inch residual pressure. If the calculated
flow does not meet the fire flow requirement, the next closest
hydrant shall be flowed simultaneously with the first
hydrant, providing it meets the spacing requirement, etc.
b. If more than one hydrant is to be flowed in order to meet
the required fire flow, the number of hydrants shall be
flowed as follows:
One hydrant 1,250 GPM and below
Two hydrants 1,251— 3,500 GPM flowing simultaneously
Three hydrants 3,501— 5,000 GPM flowing simultaneously
F. Hydrant Upgrade Policy
1. Existing single outlet 2 1 /2" inch hydrants shall be upgraded to a
double outlet 6" x 4" x 2 1/2" hydrant when the required fire flow
exceeds 1,250
GPM.
2. An upgrade of the fire hydrant will not be required if the required fire
flow is between the minimum requirement of 750 gallons per minute,
up to and including 1,250 gallons per minute, and the existing public
water system will provide the required fire flow through an existing
wharf fire hydrant.
3. All new required fire hydrant installations shall be approved
6" x 4" x 2 1/2" fire hydrants.
4. When water main improvements are required to meet GPM flow,
and the existing water main has single outlet 2 1 /2" fire
hydrant(s), then a hydrant(s) upgrade will be required. This
upgrade shall apply regardless of flow requirements.
5. The owner - developer shall be responsible for making the
necessary arrangements with the local water purveyor for the
installation of all public facilities.
6. Approved fire hydrant barricades shall be installed if curbs are not
provided (see Figures 1, 2, and 3 following on pages 11 and 12).
G. Hydrant Specifications
All required public and on -site fire hydrants shall be installed to the
following specifications prior to flow test and acceptance of the system.
Crossroads DA Ex6ibiis.06.10.13
Page 34
Hydrants shall be:
a. Installed so that the center line of the lowest outlet is
between 14 and 24 inches above finished grade
b. Installed so that the front of the riser is between 12 and 24
inches behind the curb face
C. Installed with outlets facing the curb at a 45- degree angle to
the curb line if there are double outlet hydrants
d. Similar to the type of construction which conforms to current
A.W.W.A. Standards
e. Provided with three -foot unobstructed clearance on all sides.
f. Provided with approved plastic caps
g. Painted with two coats of red primer and one coat of traffic
signal yellow for public hydrants and one coat of red for on-
site hydrants, with the exception of the stems and threads
2. Underground shut -off valves are to be located:
a. A minimum distance of 10 feet from the hydrant
b. A maximum distance of 25 feet from the hydrant
Exception: Location can be less than 10 feet when the water
main is already installed and the 10 -foot minimum distance
cannot be satisfied.
3. All new water mains, laterals, gate. valves, buries, and riser shall
be a minimum of six inches inside diameter.
4. When sidewalks are contiguous with a curb and are five feet wide
or less, fire hydrants shall be placed immediately behind the
sidewalk. Under no circumstances shall hydrants be more than six
feet from a curb line.
5. The owner- developer shall be responsible for making the
necessary arrangements with the local water purveyor for the
installation of all public facilities.
6. Approved fire hydrant barricades shall be installed if curbs are
not provided (see Figures 1, 2, and 3 following on pages 11 and
12).
Crossroads DA Exbibi1s.06.10.13
Page 35
Barricade /Clearance Details
CONCRETE CAP
-.a.— 6 BARRICADE POST
CONCRETE FILLED
3' MIN MIN. 4" D[A. SCHEDULE 40
_. STEEL SCE ROTE #1
CONCRETE
4' MIN,
15"
Figure 1
[s
Figure 2
Crossroads DA Exbibits.06.10.13
Page 36
,1
36"
PLAN
FIRE HYDRANT BARRICADES
(TYPICAL)
Figure 3
Notes:
a o
1. Constructed of steel not less than four inches in diameter, six inches if heavy
truck traffic is anticipated, schedule 40 steel and concrete filled.
2. Posts shall be set not less than three feet deep in a concrete footing of not less
than 15 inches in diameter, with the top of the posts not less than three feet
above ground and not less than three feet fi•om the hydrant
3. Posts, fences, vehicles, growth, trash storage and other materials or things shall
not be placed or kept near fire hydrants in a manner that would prevent fire
hydrants from being immediately discernable.
4. If hydrant is to be barricaded, no barricade shall be constructed in front of the
hydrant outlets (Figure 2, shaded area).
5. The exact location of barricades may be changed by the field inspector during a
field inspection.
6. The steel pipe above ground shall be painted a minimum of two field coats of
primer.
7. Two finish coats of "traffic signal yellow" shall be used for fire hydrant
barricades.
8. Figure 3 shows hydrant hook up during fireground operations. Notice apparatus
(hydra- assist - valve) connected to hydrant and the required area. Figure 3 shows
the importance of not constructing barricades or other obstructions in front of
hydrant outlets.
Crossroads DA Exhibits.06. 10.13
Page 37
H. Private fire protection systems for rural commercial and industrial development
Where the standards of this regulation cannot be met for industrial and
commercial developments in rural areas, alternate. proposals which meet NFPA
Standard 1142 may be submitted to the Fire Marshal for review. Such
proposals shall also be subject to the following:
1. The structure is beyond 3,000 feet of any existing, adequately -
sized water system.
a. Structures within 3,000 feet of an existing, adequately -sized
water system, but beyond a water purveyor service area, will
be reviewed on an individual basis.
2. The structure is in an area designated by the County of Los
Angeles' General Plan as rural non - urban.
I. Blue reflective hydrant markers replacement policy
1. Purpose: To provide information regarding the replacement of
blue reflective hydrant markers, following street construction or
repair work.
a. Fire station personnel shall inform Department of Public
Works Road Construction Inspectors of the importance of
the blue reflective hydrant markers, and encourage them to
enforce their Department permit requirement, that streets and
roads be returned to their original condition, following
construction or repair work.
b. When street construction or repair work occurs within this
Department's jurisdiction, the nearest Department of Public
Works Permit Office shall be contacted. The location can be
found by searching for the jurisdiction office in the "County
of Los Angeles Telephone Directory" under "Department of
Public Works Road Maintenance Division." The importance
of the blue reflective hydrant markers should be explained,
and the requirement encouraged that the street be returned to
its original condition, by replacing the hydrant markers.
Crossroads DAF hibitsL6.10. 13
Page 39
TABLE I*
BUILDING SIZE
(First floor area)
Fire Flow *(I) (2)
Duration
Hydrant Spacing
1,000 GPM
2 hrs.
Under 3,000
sq. ft.
300 ft.
sq. ft.
sq. ft.
3,000 to 4,999
sq. ft.
1,250 GPM
2 hrs.
300 ft.
sq. ft.
5,000 to 7,999
1,500 GPM
2 hrs.
300 ft.
15,000 to 19,999
sq. ft.
3,000 GPM
3 hrs.
300 ft.
sq. ft.
sq. ft.
20,000 to 24,999
sq. ft.
3,500 GPM
3 hrs.
300 ft.
sq. ft.
25,000 to 29,999
4,000 GPM
4 hrs.
300 ft.
* See applicable footnotes below:
(FIRE FLOWS MEASURED AT 20 POUNDS PER SQUARE INCH
RESIDUAL PRESSURE)
(1) Conditions requiring additional fire flow.
a. Each story above ground level - add 500 GPM per story.
b. Any exposure within 50 feet - add a total of 500 GPM.
C. Any high -rise building (as determined by the jurisdictional building code)
the fire flow shall be a minimum of 3,500 GPM for 3 hours at 20 psi.
d. Any flow may be increased up to 1,000 GPM for a hazardous occupancy.
(2) Reductions in fire flow shall be cumulative for type of construction and a fully
sprinklered building. The following allowances and /or additions may be made
to standard fire flow requirements:
Crossroads DA Exhibits.06.10.13
Page 40
a. A 25% reduction shall be granted for the following types of construction:
Type I -F.R, Type II -F.R., Type II one -hour, Type II -N, Type III one -hour,
Type III -N, Type IV, Type IV one hour, and Type V one -hour. This
reduction shall be automatic and credited on all projects using these types
of construction. Credit will not be given for Type V -N structures (to a
minimum of 2,000 GPM available fire flow).
b. A 25% reduction shall be granted for fully sprinldered buildings (to a
minimum of 2,000 GPM available fire flow).
C. When determining required fire flows for structures that total 70,000
square feet or greater, such flows shall not be reduced below 3,500 GPM
at 20 psi for three hours.
C,.s.a& DA Exhibits.06.10.13
Page 41
EXHIBIT "E"
SMMC ARTICLE 9 (PLANNING AND ZONING)
On file with the City Clerk
Crossroads DA EAibit06.10.13
Page 42
EXHIBIT "F"
[RESERVED FOR BIKE PATH EASEMENT AREA]
Crossroads DA Eshibits.06.10.13
Page 43
EXHIBIT "G"
[NONE]
Crossroads DA Exhibi1s.06.10.13
Page 44
EXHIBIT "H"
CONSTRUCTION MITIGATION PLAN
CON -1 Construction Impact Mitigation Plan.
The applicant shall prepare, implement and maintain a Construction Impact Mitigation
Plan that shall be designed to:
• Prevent material traffic impacts on the surrounding roadway network.
• Minimize parking impacts both to public parking and access to private
parking to the greatest extent practicable.
• Ensure safety for both those constructing the project and the surrounding
community.
• Prevent substantial truck traffic through residential neighborhoods.
The Construction Impact Mitigation Plan shall be subject to review and approval by the
following City departments: Department of Public Works; Fire; Planning and Community
Development; and Police. This review will ensure that the Plan has been designed in
accordance with this mitigation measure. This review shall occur prior to commencement
of any construction staging for the project. The Mitigation Plan shall, at a minimum,
include the following:
Ongoing Requirements Throughout the Duration of Construction
A detailed traffic control plan for work zones shall be maintained which
includes at a minimum accurate existing and proposed: parking and travel lane
configurations; warning, regulatory, guide and directional signage; and area
sidewalks, bicycle lanes and parking lanes. The plan shall include specific
information regarding the project's construction activities that may disrupt
normal pedestrian and traffic flow and the measures to address these
disruptions. Such plans must be reviewed and approved by the Transportation
Management Division prior to commencement of construction and
implemented in accordance with this approval.
• Work within the public right -of -way shall be performed between 9:00 AM
and 4:00 PM, including: dirt and demolition material hauling and construction
material delivery. Work within the public right -of -way outside of these hours
shall only be allowed after the issuance of an after -hours construction permit.
Streets and equipment shall be cleaned in accordance with established PW
requirements.
Crossroads DA Exhibits.06.10.13
Page 45
• Trucks shall only travel on a City approved construction route. Truck
queuing /staging shall not be allowed on Santa Monica streets. Limited
queueing may occur on the construction site itself.
• Materials and equipment shall be minimally visible to the public; the preferred
location for materials is to be on -site, with a minimum amount of materials
within a work area in the public right -of -way, subject to a current Use of
Public Property Permit.
• Any requests for work before or after normal construction hours within the
public right -of -way shall be subject to review and approval through the After
Hours Permit process administered by the Building and Safety Division.
• Off - street parking shall be provided for construction workers. This may
include the use of a remote location with shuttle transport to the site, if
determined necessary by the City of Santa Monica.
Project Coordination Elements That shall Be Implemented Prior to Commencement of
Construction
• The traveling public shall be advised of impending construction activities (e.g.
information signs, portable message signs, media listing/notification,
implementation of an approved traffic control plan).
Any construction work requiring encroachment into public rights -of -way,
detours or any other work within the public right -of -way shall require
approval from the City through issuance of a Use of Public Property Permit,
Excavation Permit, Sewer Permit or Oversize Load Permit, as well as any
Caltrans Permits required.
• Timely notification of construction schedules shall be given to all affected
agencies (e.g., Big Blue Bus, Police Department, Fire Department,
Department of Public Works, and Planning and Community Development
Department) and to all owners and residential and commercial tenants of
property within a radius of 500 feet.
Construction work shall be coordinated with affected agencies in advance of
start of work. Approvals may take up to two weeks per each submittal.
• The Strategic Transportation Planning Division shall approve of any haul
routes, for earth, concrete or construction materials and equipment hauling.
Crossroads DA Gxhibits.06.10.13
Page 46
CON -2(a) Diesel Equipment Mufflers.
All diesel equipment shall be operated with closed engine doors and shall be equipped
with factory - recommended mufflers.
CON -2(b) Electrically- Powered Tools.
Electrical power shall be used to run air compressors and similar power tools
CON -2(c) Restrictions on Excavation and Foundation/Conditioning.
Pile driving, excavation, foundation - laying, and conditioning activities (the noisiest
phases of construction) shall be restricted to between the hours of 10:00 AM and 3:00
PM, Monday through Friday, in accordance with Section 4.12.110(d) of the Santa
Monica Municipal Code.
CON -2(d) Additional Noise Attenuation Techniques.
For all noise generating construction activity on the project site, additional noise
attenuation techniques shall be employed to reduce noise levels at to 83 dB or less from
8:00 to 6:00 PM weekdays and 9:00 AM to 5:00 PM Saturdays. Per the Noise Ordinance,
construction noise may exceed 83 dB if it only occurs between 10:00 AM and 3:00 PM.
Such techniques may include, but are not limited to, the use of sound blankets on noise
generating equipment and the construction of temporary sound barriers around the
perimeter of the project construction site.
CON-2(e)Construction Sign Posting.
In accordance with Municipal Code Section 4.12.120, the project applicant shall be
required to post a sign informing all workers and subcontractors of the time restrictions
for construction activities. The sign shall also include the City telephone numbers where
violations can be
reported and complaints associated with construction noise can be submitted.
CON -3(a) ROG Control Measures.
The applicant shall ensure that architectural coatings used on the project comply with
SCAQMD Rule 1113, which limits the VOC content of architectural coatings.
Crossroads DA Exhibits 06.10.13
Page 47
CON-3(b) Fueitive Dust Control Measures
The following shall be implemented during construction to minimize fugitive dust and
associated particulate emissions:
• Sufficiently water all excavated or graded material to prevent excessive
amounts of dust.
• Watering shall occur at least three times daily with complete coverage,
preferably at the start of the day, in the late morning and after work is done for
the day.
• Cease all grading, earth moving or excavation activities during periods of high
winds (i.e., greater than 20 mph measured as instantaneous wind gusts) so as
to prevent excessive amounts of dust. Securely cover all material transported
on and off -site to prevent excessive amounts of dust.
• Cover all soil stockpiles.
• Limit on -site vehicle speeds to 15 mph.
• Install wheel washers where vehicles enter and exit the construction site onto
paved roads or wash off trucks and any equipment leaving the site each trip.
• Appoint a construction relations officer to act as a community liaison
concerning on -sits construction activity including resolution of issues related
to PM10 generation.
• Sweep streets at the end of the day using SCAQMD Rule 1186 certified street
sweepers or roadway washing trucks if visible soil is carried onto adjacent
public paved roads (recommend water sweepers with reclaimed water).
Crossroads DA Exhibils.06.10.13
Paga 48
EXHIBIT "I"
ASSIGNMENT AND ASSUMPTION AGREEMENT
Recording Requested By and
When Recorded Mail To:
HARDING LARMORE KUTCHER & KOZAL, LLP
1250 6th Street, Suite 200
Santa Monica, CA 90401
Attn: Christopher M. Harding
ASSIGNMENT AND ASSUMPTION AGREEMENT
This ASSIGNMENT AND ASSUMPTION AGREEMENT ( "Agreement ") is
made and entered into by and between , a
a
( "Assignor "), and
( "Assignee ").
RECITALS
A. The City of Santa Monica ( "City ") and Assignor entered into that certain
Development Agreement dated 2013 (the "Development
Agreement "), with respect to the real property located in the City of Santa Monica, State
of California more particularly described in Exhibit "A" attached hereto (the "Project
Site ").
B. Assignor has obtained from the City certain development approvals and
permits with respect to the development of the Project Site, including without limitation,
approval of the Development Agreement (collectively, the "Project Approvals ").
C. Assignor intends to sell, and Assignee intends to purchase, the Project
Site.
D. In connection with such purchase and sale, Assignor desires to transfer all
of the Assignor's right, title, and interest in and to the Development Agreement and the
Project Approvals with respect to the Project Site. Assignee desires to accept such
assignment from Assignor and assume the obligations of Assignor under the
Development Agreement and the Project Approvals with respect to the Project Site.
THEREFORE, the parties agree as follows:
1. Assignment. Assignor hereby assigns and transfers to Assignee all of
Assignor's right, title, and interest in and to the Development Agreement and the Project
Approvals with respect to the Project Site. Assignee hereby accepts such assignment
from Assignor.
Crossroads DA Exhibi1s.06.10.13
Page 49
2. Assumption. Assignee expressly assumes and agrees to keep, perform,
and fulfill all the terms, conditions, covenants, and obligations required to be kept,
performed, and fulfilled by Assignor under the Development Agreement and the Project
Approvals with respect to the Project Site,
3. Effective Date. The execution by City of the attached receipt for this
Agreement shall be considered as conclusive proof of delivery of this Agreement and of
the assignment and assumption contained herein. This Agreement shall be effective upon
its recordation in the Official Records of Los Angeles County, California, provided that
Assignee has closed the purchase and sale transaction and acquired legal title to the
Project Site.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the dates set forth next to their signatures below.
"ASSIGNOR"
"ASSIGNEE"
Crossroads DA Exhibils.06.10.13
Page 50
RECEIPT BY CITY
The attached ASSIGNMENT AND ASSUMPTION AGREEMENT is received
by the City of Santa Monica on this day of
CITY OF SANTA MONICA
Crossroads DA Exhibit06. 10.73
Page 51
Planning Director
ATTACHMENT D
Public Notification
25
NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT: 12DEV013 (Development Agreement 12 -013)
1731 201h Street
APPLICANT: Crossroads School for Arts & Sciences
PROPERTY OWNER: Crossroads School for Arts & Sciences
A public hearing will be held by the City Council to consider the following request:
The property owner is seeking a Development Agreement with the City to construct a new three -story
science learning center and temporary modular classrooms at 1731 20th Street. As a part of the
Development Agreement, the proposed project would provide certain negotiated community benefits,
including but not limited to, use of an existing ten -foot wide easement for a future bike path, an enhanced
Transportation Demand Management Plan, photovoltaic panels, and Pico Neighborhood outreach and
prioritization for Summer Programs.
DATE/TIME: TUESDAY, JUNE 25, 2013, AT 6:45 p.m.
LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall
1685 Main Street, Santa Monica, California
HOW TO COMMENT
The City of Santa Monica encourages public comment. You may comment at the City Council public
hearing, or by writing a letter. Written information will be given to the City Council at the meeting.
Address your letters to: City Clerk
Re: 12DEV013 (1731 201h Street)
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
If you want more information about this project or wish to review the project file, please contact Tony Kim
at (310) 458 -8341, or by e -mail at tony.kim @smgov.net. The Zoning Ordinance is available at the
Planning Counter during business hours and on the City's web site at www.santa- monica.org.
The meeting facility is wheelchair accessible. For disability - related accommodations, please contact (310)
458 -8341 or (310) 458 -8696 TTY at least 72 hours in advance. All written materials are available in
alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 4, 5, 7, 8, 9, and the
Tide Ride 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 as una noticia de una audiencia pOblica para revisar applicaci6nes proponiendo desarrollo an Santa
Monica. Si deseas mas informaci6n, favor de Ilamar a Carmen Gutierrez an la Division de Planificacion
al n6mero (310) 458 -8341.
AP ROVED AS TO FORM:
BRADLEY J. M` NER, AIC
Principal Plann r
F: \CityPlanning\ Share \COUNCIL \NOTICES\2012 \12DEV013 (1731 20d' St)
ATTACHMENT E
Project Plans and Renderings
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk's office and the Libraries.
9J
ITEM 7F — 173120th Street DA (12DEV013)
Addition Language to DA Section 2.6.2 (b)
June 25, 2013
ix. In order to protect the southerly side of School's Science Buildine and perimeter fence
or wall from graffiti and vandalism, School shall be allowed to plant pocket vines up to
six inches into the Bike Path Easement Agreement area from School's Science Building
and the barrier fence or wall. The City's Architectural Review Board shall retain its
normal review authority over such landscaping.
Addition Language to DA Section 2.6.2(g)
(3) School shall achieve an average vehicle ridership ( "AVR ") goal of (a) 1.6 for both a.m.
and p.m. peak periods until the second year after opening of the Exposition light rail
stations at Olympic Boulevard /26th Street and Colorado Avenue /17th Street and (b) 1.75
for both a.m. and p.m. peak periods by the third year after opening of the light rail
stations at Olympic Boulevard /26th Street and Colorado Avenue /17th Street. For
purposes of determining AVR, the survey shall be conducted in accordance with SMMC
9.16.070(4)(2)(1) except that notwithstanding Section 9.16.070(d1(4EE1 zero emission
automobiles shall be included in the calculation of vehicles arriving at the worksite. The
AVR goal applies to employees only. Failure to achieve the performance target herein
shall not constitute a Default as defined in this Agreement. Should School not achieve
the target AVR in any year, School shall revise its TDM strategies for the upcoming
School year subject to the approval of the Planning Director, to achieve the performance
target herein while not substantially increasing the cost of the TDM Program. Such
revisions to the TDM Plan shall constitute Minor Modifications pursuant to DA Section
2.4.2 and shall not require an amendment to this Agreement. If the City adopts a new
or revised ordinance that establishes an AVR goal that is higher than the ARV goals set
forth in this Section and which applies to private schools with a comparable number of
employees, such higher AVR Roal shall apply to School.