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SR-10-14-2003-6A PCD:AA:f:\plan\admin\civctr\ccparking\cc dr amend\civic garage.doc Council Meeting: October 14, 2003 Santa Monica, California (oA OCT 1 4 2003 TO: Mayor and City Council FROM: City Staff SUBJECT: Amendment of the Statement of Overriding Consideration and Development Review Permit for the Civic Center Parking Structure, removing the requirement to provide a community meeting room. Applicant: City of Santa Monica. INTRODUCTION This report recommends that the City Council take the following actions: 1 Adopt an amended resolution making findings necessary to approve the Civic Center Parking Structure project, adopting a statement of overriding considerations, and adopting a mitigation monitoring plan, and 2. Approve Development Review Permit 03-007 amending the conditions of approval of Development Review Permit 02-010 for the proposed project. BACKGROUND On May 20, 2003, the City Council certified the Final Environmental Impact Report, adopted a resolution making findings necessary to approve the project and adopting a statement of overriding considerations and mitigation monitoring program, denied an appeal of the Planning Commission's decision and approved Development Review Permit 02-010 for the Civic Center Parking Structure, A primary modification to the Planning Commission's approval was a new requirement that a community meeting room be incorporated into the project. On September 9, 2003, the City Council, in its proprietary role as project owner, considered the location of the proposed community meeting room within the project. Following discussion of the options, Council directed staff to apply to ~A OCT 1 4 2003 amend the development review permit to remove the community meeting room requirement. The City Council, in its regulatory role, has jurisdiction over the application Because Council added the community meeting room as a project condition, Council has jurisdiction to remove the condition. As a subordinate body, Planning Commission cannot remove a condition imposed by Council. Also, as the Planning Commission approved the project without a meeting room requirement, removal of the condition from the Council-granted permit would comply with the original Planning Commission approval. DISCUSSION Development Review Permit 02-010 enables the City to construct a new 244,930-square foot public parking structure of five levels above grade with rooftop parking and one and one-half levels of below-grade parking, accommodating a maximum of 880 parking spaces with street-level leasable tenant spaces, at Fourth Street and Olympic Drive. In order to remove the meeting room requirement, an amended resolution must be adopted amendments to the development review permit must be approved. Statement of Overridinq Considerations Prior to approving the project on May 20, 2003, Council adopted a statement of overriding considerations, finding that the benefits of the proposed project outweigh the unavoidable adverse environmental impacts. In its adoption of the statement, Council included a finding related to the community meeting room. In 2 order to amend the development review permit to remove the community meeting room requirement, adoption of a revised statement of overriding considerations, which removes finding 0), is recommended as follows: 0) The provision of a community meeting room provides a neoded assembly vonue within tho walkablo environment of the Civic Center whilo also providing convenient parking, if nooded. Even with removal of the meeting room requirement, a statement of overriding considerations is warranted for the following reasons: · The Civic Center Parking Structure will support key community facilities, including City Hall, the County Courthouse, the Public Safety Facility and the Civic Auditorium, by providing parking for automobiles and bicycles of the public and employees, as well as parking for official vehicles. · The Civic Center Parking Structure provides a major new parking resource to allow for the eventual redevelopment of surface parking in the Civic Center area for public-serving parks and community facilities, as prescribed by the Civic Center Specific Plan for this site. · Land Use Element Policy 1 .11 prescribes the provision of land for parks and other public facilities adequate to meet future needs. The project supports this policy of the Land Use Element by consolidating surface parking into structures to allow for the eventual redevelopment of surface parking in the Civic Center area for parks and community facilities. · Land Use Element Policy 1.12.2 provides for the use of public lands and facilities within this area to be determined by the Civic Center Specific Plan. The project supports this policy of the Land Use Element by complying with the requirements of the Civic Center Specific Plan. · The traffic and transportation impacts to Fourth Street / Pico Boulevard and Fourth Street / 1-10 Eastbound On-ramp under the interim conditions are temporary in nature and are not expected to continue beyond the interim period during which certain downtown parking needs are temporarily shifted to the Civic Center Parking Structure. · The traffic and transportation impact at Fourth Street / 1-10 Eastbound On- ramp under the ultimate conditions is related to shifting of existing trips as more parkers take advantage of the parking structure's adjacency to the freeway. This shift reduces traffic on other Santa Monica roadways and intersections. 3 · The traffic and transportation impact on Fourth Street south of Pico under the ultimate conditions is specifically associated with any destination retail or restaurant use of the street-level leasable space in the parking garage. As these uses are expected to be neighborhood-serving or public-service functions, these traffic impacts would be reduced. · The significant and unavoidable traffic impacts on Fourth Street south of Pico consists of only 16 additional daily trips on weekdays and 19 additional daily trips on Saturdays. Development Review Permit 02-010 A development review permit was required of the project and was granted by the City Council on May 20,2003. In order to remove the community meeting room requirement, the Council must amend conditions of the existing development review permit and make findings regarding the project's neighborhood compatibility, rights-of-way and infrastructure, consistency with existing regulations and mitigation measures. Staff recommends that the findings be made and that permit conditions 1 and 9 be amended, as follows: Condition 1 The recommended amendment is as follows: The approval is for those plans dated May 20, 2003, 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 and including a community mooting room of no more than 2,500 square feot. The plans that were approved by the City Council on May 20,2003 did not show a community meeting room, though Condition No. 1 required that a community room be added. As the approved plans would be unchanged by the deletion of 4 the community room condition, it is not necessary for the Council to re-review and re-approve the project plans. Condition 9 The recommended amendment is as follows: The Architectural Review Board, in its review, shall pay particular attention to the street-level awnings; creation of a gateway element on the south facade of the project; implementation of a landscaping plan for the Fourth Street frontage which combines parkway landscaping adjacent to the curb with landscaping at the building fayade, provided that such landscaping does not detract from the building's pedestrian experience and character; as well as pay attention to pedestrian orientation and amenities; scale and articulation of design elements; exterior colors, textures, and materials; window treatment; glazing; and landscaping. However, architectural and landscaping refinements shall not reduce the total number of parking spaces below what is shown on the plans dated May 20, 2003, except 3S 3ssoci3tod with the 3ddition of the community mooting room. Similar to Condition 1, amendment of Condition 9 is recommended to reflect removal of the community meeting room and any associated reduction in parking, All other conditions from the City Council's prior approval remain unchanged CEQA ANALYSIS An Environmental Impact Report (EIR) examining the potential environmental impacts of the proposed project was prepared in accordance with Section 15087 of the California Environmental Quality Act (CEQA) Guidelines and certified by the City Council on May 20, 2003. A community meeting room was fully analyzed, including a complete traffic analysis, as a project alternative within the EIR and no additional significant impacts were shown to result from the inclusion of the room The Council's previous certification of the Final EIR is thereby 5 unchanged by the addition or removal of the meeting room requirement. Copies of the Final EIR will be available on the dais for the City Council's review. PUBLIC NOTIFICATION Pursuant to Municipal Code Sections 9.04.20.22.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500-foot radius of the project at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment A. BUDGET / FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is recommended that the City Council take the following actions: 1. Adopt the resolution contained in Attachment D making findings necessary to approve the Civic Center Parking Structure project, adopting a statement of overriding considerations and adopting a mitigation monitoring plan; and 2. Approve Development Review Permit 03-007, amending the conditions of approval of Development Review Permit 02DR-01 O. DEVELOPMENT REVIEW PERMIT FINDINGS 1. The physical location, size, massing, and placement of the proposed structure on the site and the location of the proposed uses within the project are compatible with and relate harmoniously to the surrounding sites and neighborhoods, in that the Civic Center Parking Structure will provide critical parking resources to support adjacent community-serving facilities, including City Hall, the Public Safety Facility, County Courthouse and Civic Auditorium, and will help provide for the eventual conversion of nearby surface parking to community- oriented uses. The five-level, 55'S", 244,930-square foot building will have frontage along Fourth Street and Olympic and Civic Center Drives and will be of 6 a scale and massing comparable to the surrounding buildings in the neighborhood which range in size from three to eight stories in height and include a variety of styles and uses, including the eight-story Doubletree Hotel, four-story Public Safety Facility, three-story City Hall, five-story RAND Headquarters (under construction), and eight-story Viceroy Hotel. The building will contain pedestrian entrances adjacent to the three streets and leasable tenant spaces with extensive glazing on the first and second levels adjacent to Fourth Street and Olympic Drive in order to enhance the structure's pedestrian orientation. 2. The rights-of-way can accommodate autos and pedestrians, including parking and access, in that the design of the Civic Center Parking Structure provides pedestrian access from Olympic Drive, Fourth Street and Civic Center Drive. Bus access will continue to be provided from Fourth Street at Civic Center Drive. Direct vehicular access will be provided from Avenida Mazatlan alley in order to limit the potential for congestion and pedestrian interference on Olympic Drive, Fourth Street, and Civic Center Drive. 3. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodate the new development, in that the Civic Center Parking Structure is located within an urbanized area that is already served by existing infrastructure. No new safety services or public infrastructure will be required by this project, and the project will enhance the provision of public safety services by providing additional secured parking for the Public Safety Facility. 4. Anyon-site provision of housing or parks and public open space, which are part of the project mitigation measures required by Subchapter 9.04.70 and Section 9.04.10.12 of the Santa Monica Zoning Ordinance, is satisfactory to meet the goals of the mitigation program, in that no such requirement is applicable to the construction of the Civic Center Parking Structure. 5. The project is generally consistent with the Municipal Code, Civic Center Specific Plan and General Plan, in that the Civic Center Parking Structure is being constructed as specifically designated and called for in the Civic Center Specific Plan in order to allow for the consolidation of surface parking lots in the Civic Center area into structured parking in order to allow for more intensive, community-oriented use of that land. 6. Reasonable mitigation measures have been included for most adverse impacts identified in the Environmental Impact Report and a Statement of Overriding Considerations has been adopted in consideration of those significant impacts that cannot be mitigated to a level of insignificance. 7 REVISED CONDITIONS OF APPROVAL Plans 1 The approval is for those plans dated May 20, 2003, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. Architectural Review Board 9. The Architectural Review Board, in its review, shall pay particular attention to the street-level awnings; creation of a gateway element on the south facade of the project; implementation of a landscaping plan for the Fourth Street frontage which combines parkway landscaping adjacent to the curb with landscaping at the building fa<(ade, provided that such landscaping does not detract from the building's pedestrian experience and character; as well as pay attention to pedestrian orientation and amenities; scale and articulation of design elements; exterior colors, textures, and materials; window treatment; glazing; and landscaping. However, architectural and landscaping refinements shall not reduce the total number of parking spaces below what is shown on the plans dated May 20,2003. Prepared by: Suzanne Frick, Director, PCD Andy Agle, Assistant Director, PCD Attachments: A. Notice of Public Hearing B. City Council Statement of Official Action for 02DR-01 0 C. Original Resolution Adopting a Statement of Overriding Consideration and Mitigation Monitoring Program D. Revised Resolution Adopting a Statement of Overriding Consideration and Mitigation Monitoring Program E. City Council Staff Report of May 20,2003 F. City Council Staff Report of September 9, 2003 8 ATTACHMENT A NOTICE OF PUBLIC HEARING NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT: Amendment of Development Review Permit for the Civic Center Parking Structure, 1685 Main Street APPLICANT: City of Santa Monica A public hearing will be held by the City Council to consider the following request: Amendment of the Statement of Overriding Consideration and Development Review Permit for the Civic Center Parking Structure, removing the requirement to provide a community meeting room. DATE/TIME: TUESDAY, OCTOBER 14, 2003 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: Civic Center Parking Structure 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 Andy Agle, Assistant Director at (310) 458-2275, or bye-mail at andy-agle@santa-monica.org. The Zoning Ordinance is available at the Planning Counter during business hours and on the City's web site at www.santa-monica.orQ. The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 serve City Hall. Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing. ESPANOL Esto es una noticia de una audiencia publica para revisar applicaci6nes proponiendo desarrollo en Santa Monica. Si deseas mas informaci6n, favor de lIamar a Elsa Kapsinow al numero (310) 458-2275. ATTACHMENT B CITY COUNCIL STATEMENT OF OFFICIAL ACTION FOR 02DR-01 0 f) .... J City of Santa Monica City Planning Division City of Santa Monicai!l CITY COUNCIL STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: Development Review Permit 02-010 LOCATION: 1685 Main Street APPLICANT: City of Santa Monica PROPERTY OWNER: City of Santa Monica CASE PLANNER: Andy Agle, Assistant Director REQUEST: The proposed project is a 244,930-square foot public parking structure of five levels above grade with rooftop parking and one and one-half levels of below-grade parking, accommodating a maximum of 880 parking spaces with a community meeting room and street-level leasable tenant spaces. The project site consists of an approximately one-acre, rectangular-shaped parcel that is bound by Fourth Street on the east, Civic Center Drive on the south, Avenida Mazatlan alley on the west, and the future Olympic Drive on the north. The proposed height is 55'8" high, with the parapets projecting 42 inches, trellises projecting 11 feet, and elevator enclosures projecting 13 feet above the roof height. The applicant has received approval of a Development Review Permit because more than 30,000 square feet of floor area is proposed. CEQA STATUS: An Environmental Impact Report was certified on May 20, 2003. A Statement of Overriding Considerations and Mitigation Monitoring and Reporting Plan were also approved on Mav 20,2003. 1 CITY COUNCIL ACTION May 20,2003 Date. May 20, 2003 Approved based on the following findings and subject to the conditions below. Denied. Other. EFFECTIVE DATES OF ACTION: May 20, 2003 Development Review Permit 02-010 EXPIRATION DATE OF ANY PERMITS GRANTED: March 20, 2005 Development Review Permit 02-010 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES: Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit. 6 months Development Review Permit 02-010 Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. FINDINGS: DEVELOPMENT REVIEW 1. The physical location, size, massing, and placement of the proposed structure on the site and the location of the proposed uses within the project are compatible with and relate harmoniously to the surrounding sites and neighborhoods, in that the Civic Center Parking Structure will provide critical parking resources to support adjacent community-serving facilities, including City Hall, the Public Safety Facility, County Courthouse and Civic Auditorium, and will help provide for the eventual conversion of nearby surface parking to community-oriented uses. The five-level, 55'S", 244,930-square foot building will have frontage along Fourth Street and Olympic and Civic Center Drives and will be of a scale and massing comparable to thH surrounding buildings in the neighborhood which range in size from three to eight stories in height and include a variety of styles and uses, including the eight-story Doubletree Hotel, four-story Public Safety Facility (under construction), 2 three-story City Hall, five-story RAND Headquarters (under construction), and eight-story Viceroy Hotel. The building will contain pedestrian entrances adjacent to the three streets, a community room, and leasable tenant spaces with extensive glazing on the first and second levels adjacent to Fourth Street and Olympic Drive in order to enhance the structure's pedestrian orientation. 2. The rights-of-way can accommodate autos and pedestrians, including parking and access, in that the design of thE3 Civic Center Parking Structure provides pedestrian access from Olympic Drive, Fourth Street and Civic Center Drive. Bus access will continue to be provided from Fourth Street at Civic Center Drive. Direct vehicular access will be provided from Avenida Mazatlan alley in order to limit the potential for congestion and pedestrian interference on Olympic Drive, Fourth Street, and Civic Center Drive. 3. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodatl3 the new development, in that the Civic Center Parking Structure is located within an urbanized area that is already served by existing infrastructure. No new safety services or public infrastructure will be required by this project, and the project will enhance the provision of public safety services by providing additional secured parking for the Public Safety Facility. 4. Anyon-site provision of housing or parks and public open space, which are part of the project mitigation measures required by Subchapter 9.04.70 and Section 9.04.10.12 of the Santa Monica Zoning Ordinance, is satisfactory to meet the goals of the mitigation program, in that no such requirement is applicable to the construction of the Civic Center Parking Structure. 5. The project is generally consistent with the Municipal Code, Civic Center Specific Plan and General Plan, in that the Civic Center Parking Structure is being constructed as specifically designated and called for in the Civic Center Specific Plan in order to allow for the consolidation of surface parking lots in the Civic Center area into structured parking in order to allow for more intensive, community-oriented use of that land. 6. Reasonable mitigation measures have been included for most adverse impacts identified in the Environmental Impact Report and a Statement of Overriding Considerations has been adopted in consideration of those significant impacts that cannot be mitigated to a level of insignificance. CONDITIONS Plans 1 The approval is for those plans dated May 20, 2003, 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 and including a community meeting room of no more than 2,500 square feet. 2 The plans shall comply with all other provisions of Chapter 1, Article IX of the Municipal Code (Zoning Ordinance) and all other pertinent ordinances and General ~ Plan policies of the City of Santa Monica. 3. Final parking layout and specifications shall be subject to review and approval of the Transportation Management Division. 4. Minor amendments to the plans shall be subject to approval by the Director of Planning and Community Development. A significant change in the approved concept shall be subject to review by the Planning Commission, and City Council on appeal. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, City Council on appeal, Architectural Review Board or Director of Planning and Community Development. Architectural Review Board 5. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements. 6. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact the Department of Environmental and Public Works Management regarding urban runoff plans and calculations. 7 Construction period signage shall be subject to the approval of the Architectural Review Board. 8. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to the review and approval by the Architectural Review Board. 9. The Architectural Review Board, in its review, shall pay particular attention to the street-level awnings; creation of a gateway element on the south facade of the project; implementation of a landscaping plan for the Fourth Street frontage which combines parkway landscaping adjacent to the curb with landscaping at the building fagade, provided that such landscaping does not detract from the building's pedestrian experience and character; as well as pay attention to pedestrian orientation and amenities; scale and articulation of design elements; exterior colors, textures, and materials;: window treatment; glazing; and landscaping. However, architectural and landscaping refinements shall not reduce the total number of parking spaces below what is shown on the plans dated May 20,2003, except as associated with the addition of the community meeting room. 10. As appropriate, the Architectural Review Board shall require the use of anti-graffiti materials on surfaces likely to attract graffiti. 11. Landscaping plans shall comply with Subchapter 5B (Landscape Standards) of the Zoning Ordinance including the use of water-conserving landscaping materials, 4 landscaping maintenance and other standards contained in the Subchapter. 12. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Sections 9.04.10.02.130 through 9.04.10.02.150. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board, in its review, shall pay particular attention to the screening of such area and equipment. Any rooftop mechanical equipment shall be minimized in height and visual 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. Demolition 13. Street trees shall be maintained, relocated, or provided as required in a manner consistent with the City's Community Forest Management Plan 2000, per the specifications of the Open Space Management Division of the Community and Cultural Services Department. No street trees shall be removed without the approval of the Open Space management Division. 14 Immediately after demolition of the parking lot and during construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance (8'), shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. Mesh fabric shall be installed on the fence to reduce the amount of dust leaving the site. 15, Prior to the issuance of any demolition of construction permits, a demolitions materials recycling plan, which seeks to maximize the reuse / recycling potential of existing building materials, shall be filed for approval by the Department of Environmental and Public Works Management. 16. Until such time as demolition is undertaken, and unless the parking lot is currently in use, the existing parkin~llot shall be maintained and secured by 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. 17. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to ensure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. 18. No demolition of buildinus or structures 40 years or older shall be permitted until the end of a 60-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no demolition shall be approved until a final determination is made by the Landmarks Commission on the application. 5 Construction 19. Unless otherwise approved by the Department of Environmental and Public Works Management, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project, as determined by the Department of Environmental and Public Works Management, shall be constructed to the satisfaction of the Department of Environmental and Public Works Management prior to issuance of the building permits. 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. 22. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number ofthe owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. 23, The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program. 24, A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy. Environmental Mitigation 25. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6-gallon toilets and 1.0- gallon urinals and low-flow showerhead.) To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of Environmental and Public Works Management for its approval. The recycling plan shall include: 1) list of materials such a white paper, computer paper, metal cans, and glass to be recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4) nature and extent of internal and external pick-up service; 5) pick-up schedule; 6) plan to inform tenants / occupants of service. 27. To mitigate storm water and surface run-off from the project site, an Urban Runoff Mitigation Plan may be required by the Department of Environmental and Public Works Management (EPWM) pursuant to Municipal Code Chapter 7.10. Applicant 6 shall contact EPWM to determine applicable requirements, which include the following: · Non-stormwater runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site; Any sediments or materials which are tracked off site must be removed the same day they are tracked off site; Excavated soil must be located on the site and soil poles should be covered and otherwise protected so that sediments do not go into the street or adjoining properties; · Washing of construction or other vehicles shall be allowed adjacent to a construction site. No runoff from washing vehicles on a construction site shall be allowed to leave the site; · Drainage controls may be required depending on the extent of grading and topography of the site; · New development is required to reduce projected runoff pollution by at least twenty percent through incorporation of design elements or principles, such as increasing permeable surfaces; diverting or catching runoff via swales, berms, and the like; orientation of drain gutters toward permeable areas; modification of grade; use of retention structures; and other methods. Pursuant to Mitigation Measure AES-2(a), the applicant shall design exterior building lighting to ensure that no light projects on adjacent sites. Exterior lighting shall incorporate "cut-off' shields as appropriate to prevent an increase in lighting at adjacent and nearby uses. 29 Pursuant to Mitigation Measure AES-2(b), landscape illumination and exterior sign lighting shall be accomplished with low-level, unobtrusive fixtures. Such lighting shall be shielded to direct light pools away from off-site viewers. 30. Pursuant to Mitigation Measure AES-2(c), finish materials, including glazing, shall be of a low reflectivity to minimize glare. Development shall include low-reflective roofing materials to reduce glare potential for nearby development that may have downward views of the project's roof. Pursuant to Mitigation Measures CON-1 and CON-3(d), the applicant shall prepare and implement a Construction Impact Mitigation Plan to provide for traffic and parking capacity management and construction mitigation during construction. The plan shall be subject to review and approval by the Departments of Environmental and Public Works Management and Planning and Community Development prior to issuance of a building permit. The approved construction plan shall be posted on the construction site for the duration of the project construction and shall be produced upon request. The plan, at a minimum, shall include the following: Names, addresses, telephone numbers and business license numbers of all contractors and subcontractors, as well as the developer and architect; A telephone number for local residents to call to submit complaints associated with construction noise; the number shall be posted on the project site and shall 7 be easily viewed from adjacent public areas; A description of how demolition of any existing structures is to be accomplished; Where any cranes are to be located for erection / construction; How much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with the construction; Anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; Approval from the City, or Caltrans if necessary, must be obtained for any construction detours or construction work requiring encroachment into public rights-of-way, or any other street use activity (e.g. haul routes); Scheduling and expediting of work to cause the least amount of disruption and interference to the adjacent vehicular and pedestrian traffic flow. Weekday daytime work on City streets shall primarily be performed between the hours of 9:00 AM and 3:00 PM; Limiting of queuing of trucks to on-site and prohibition of truck queuing on area roadways; Scheduling of preconstruction meetings with affected agencies to properly plan methods of controlling traffic through work areas; Timely notification of construction schedules to all affected agencies (e.g. Police Department, Fire Department, Department of Public Works, Department of Planning and Community Development, Los Angeles County Superior Court, Los Angeles County Sheriff's Department, and transit agencies); Coordination of construction work with affected agencies five to ten days prior to start of work; A traffic control plan for the streets surrounding the work area, which includes specific information regarding the project's construction and activities that will disrupt normal traffic flow; The extent and nature of any pile-driving operations; The length and nature of any tiebacks which must extend under the property of other persons; The nature and extent of any dewatering and its effect on any adjacent buildings; The nature and extent of any helicopter hauling; Whether any construction activity beyond normally permitted hours is proposed; · Any proposed construction noise mitigation measures; · Construction-period security measures including any fencing, lighting and security personnel; · A drainage plan; · A construction-period parking plan which shall minimize the use of public streets for parking; A designated on-sitE~ construction manager; A construction materials recycling plan which seeks to maximize the reuse / recycling of construction waste; A plan regarding the use of recycled and low-environmental-impact materials in building construction; A construction period water runoff control plan A public information program to advise motorists of impending construction activities (e.g. media coverage, portable message signs, and information signs 8 at the construction site); Minimizing dirt and demolition material hauling and construction material delivery during the morning and afternoon peak traffic periods and cleaning of streets and equipment as necessary; Storage of construction material and equipment within the designated work area and limitation of equipment and material visibility to the public; and Provision of off-streE~t parking to workers that currently use the existing site, Civic Auditorium parking lot, and construction employees, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City of Santa Monica. 32. Pursuant to Mitigation Measure CON-2(a), during construction, dust generated by the development activities shall be kept to a minimum with a goal of retaining dust through implementation of the following: · During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. Provisions shall be made prior to and during watering to prevent runoff from leaving the site. · During clearing, grading, earth moving, excavation or transportation of cut of fill materials, streets and sidewalks within 150 feet of the site perimeter shall be swept and cleaned a minimum of once daily; · 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. 33. Pursuant to Mitigation Measure CON-2(b), during construction, any construction equipment used on the site must meet the following conditions in order to reduce NOx emissions: · The number of pil3ces of equipment operating simultaneously must be minimized through efficient management practices; · Construction equipment must be maintained in tune per manufacturer's specifications; · Equipment shall be equipped with 2 to 4-degree engine timing retard or precombustion chamber engines; · Catalytic converters shall be installed, if feasible; · Diesel-powered equipment such as booster pumps or generators should be replaced by electric equipment, if feasible; and . Limiting the operation of heavy-duty construction equipment (e.g. 175-HP forklifts, wheeled tractors, tracked tractors) to no more than five pieces of equipment at anyone time. 34. Pursuant to Mitigation Measure CON-2(c), low-VOC architectural coatings shall be used in construction whenever feasible and shall coordinate with the SCAQMD to 9 determine which coatings would reduce VOC emissions to the maximum degree feasible. Pursuant to Mitigation Measure CON-3(a), during construction, all diesel equipment shall be operated with closed engine doors and shall be equipped with factory- recommended mufflers. Pursuant to Mitigation Measure CON-3(b), during construction, electrical power shall be used to run air compressors and similar power tools. 37. Pursuant to Mitigation Measure CON-3(c), for all noise-generating construction activity on the project site, additional noise attenuation techniques shall be employed to reduce noise levels to City of Santa Monica noise standards, such techniques shall include, but are not limited to, the use of sounds blankets on noise- generating equipment and the construction of temporary sound barriers between construction sites and nearby sensitive receptors. 38. Pursuant to Mitigation Measure GEO-2, a geotechnical study shall be prepared for the project site, prior to site development. This report shall include an analysis of the liquefaction potential of the underlying materials. If the site is found to be prone to seismically induced liquefaction, appropriate techniques to minimize liquefaction potential shall be prescribed and implemented. If found to be necessary, suitable measures to reduce liquefaction impacts could include, but are not limited to: · specialized desi~ln of foundations by a structural engineer; · removal or treatment of liquefied soils to reduce the potential for liquefaction; · drainage to lower the groundwater table to below the level of liquefiable soils; · in-site densification of soils; or · other alterations to the ground characteristics. Any recommended measures to minimize liquefaction potential specified by the geotechnical study shall be fully implemented in accordance with Uniform Building Code and California Building Code requirements. 39. Pursuant to Mitigation Measure GEO-3(a), the geotechnical study shall include an evaluation of the potential for slope stability at the site. The information obtained shall be used to design the excavation and excavation shoring to prevent destabilization of the excavation sidewalls. Any recommendations contained in the geotechnical report shall be fully implemented. Pursuant to Mitigation Measure GEO-3(b), the parking lot design shall consider a mechanism of removin~1 groundwater, if it is shown to be present at this site. The groundwater removal design shall consider historical ranges in depth to groundwater. The removal system shall be designed to prevent the parking garage from flooding. Pursuant to Mitigation Measure GEO-3(c), all walls of the parking structure shall be waterproofed to protect against corrosive effects of water contact. 42. Pursuantto Mitigation Measure GEO-4, Prior to issuance of a building permitforthe 10 foundation or superstructure, whichever occurs first, soil samples of final sub-grade areas and excavation sidewalls shall be collected and analyzed for their expansion index. For areas when~ the expansion index is found to be greater than 20, the appropriate grading and foundation designs shall be engineered to withstand the existing conditions. The expansion testing may be foregone if the grading and foundations are engineered to withstand the presence of highly expansive soils. Pursuant to Mitigation Measure HHM-1 (a), all earth-moving contractors shall be directed to be aware of the possibility of contaminants during site grading. If contaminants are suspected, soil samples are to be obtained and analyzed to determine whether there are contaminants, and if present, to determine the type and concentrations of contaminants. The sample results are to be used to make a determination as to where to transport the material for off-site disposal, or to determine if the soils can be used onsite. 44 Pursuant to Mitigation Measure HHM-1 (b), if contaminants are detected, the results of the soil sampling within the Phase II ESA shall be forwarded to the local regulatory agency (City of Santa Monica Environmental Program Division, Los Angeles Regional Water Quality Control Board, and/or the State of California Environmental Protection Agency Department of Toxic Substances Control). The agency should review the data and either sign off on the property or determine if any additional investigation or remedial activities are deemed necessary. 45 Pursuant to Mitigation Measure T-2, prior to issuance of a certificate of occupancy, the City shall modify the intersection striping at Ocean Avenue/Neilson Way & Pico Boulevard to provide a protected phase for the westbound left-turn movement. Implementation of this measure would necessitate the provision of some combination of new si~lnage, controller cabinets, poles, mast arms, detectors, and/or signal heads. Miscellaneous Conditions 46. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 47 The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities or other actions. 48. Street and alley lighting shall be provided on public rights-of-way adjacent to the project if and as needed per the specifications and with the approval of the Department of Environmental and Public Works Management. 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 11 not exceed maximum allowable levels for the applicable noise zone. 50. Final building plans submitted for approval of a building permit shall include on the plans a list of all mechanical equipment to be place outdoors and all permanent mechanical equipment to be place indoors which may be heard outdoors. 51 Prior to issuance of a Final Inspection, the application shall post a notice at the building entry stating that the site is regulated by a Development Review Permit (DR02-003) and that the Statement of Official Action, which includes the establishment's conditions of approval, is available upon request. This notice shall remain posted at all times the establishment is in operation. Validity of permits 52. 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 issues until such violation has been fully remedied. Within ten days of Planning Commission transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the Planning Division, agreeing to the Conditions of Approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning Division. Failure to comply with the condition shall constitute ground for potential permit revocation. The approval of DR02-003 shall not become effective for a period of fourteen days from the date of determination or, if appealed, until a final determination is made on appeal. Any appeal must be made in the form required by the Zoning Administrator. The approval of these permits shall expire if the rights granted are not exercised within one year from the permit's effective date. Exercise of rights shall mean issuance of a building permit to commence construction. However, the permits shall also expire if the buildin~~ permit expires, if the final inspection is not completed or a Certificate of Occupancy is not issued within the time periods specified in SMMC Section 8.08.060, or ifthe rights granted are not exercised within one year following the earliest to occur of the following: issuance of a Certificate of Occupancy or, if not Certificate of Occupancy is required, the last required final inspection of the new construction. One six-.month extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions may not be granted if development standards relevant to the project have changed since project approval. Monitoring of Conditions 55. Pursuant to the requirements of Public Resources Code Section 21081.6, the City Planning Division will coordinate a monitoring and reporting program regarding any 12 required changes to the project made in conjunction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects on the environment. This program shall include, but is not limited to, ensuring that the Planning Division itself and other- City divisions and departments such as the Building Division, the Environmental and Public Works Management Department, the Transportation Management Division, the Fire Department, the Police Department, the Community and Cultural Services Department and the Finance Department are aware of project requirements which must be satisfied prior to issuance of a Building Permit, Certificate of Occupancy, or other permit, and that other responsible agencies are also informed of conditions related to their approval. Project owner shall demonstrate compliance with conditions of approval in a written report submitted to the Planning Director and Building Officer prior to issuance of a Building Permit or Certificate of Occupancy, and, as applicable, provide periodic reports regarding compliance with such conditions. VOTE Ayes: Nays: Abstain. Absent: Bloom, Feinstein, Genser, McKeown Holbrook, Katz, O'Connor None None NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1.16.010. I hereby certify that this Statement of Official Action accurately reflects the final determination of the City Council of the City of Santa Monica. ~ ~1 R~ ree to the above conditions of approval and acknowledge that failure to comply onditions shall constitute grounds for potential revocation of the permit approval. ~ ~./fN/)~t>AJ / lksis7"/H.J7 ~ 1h/tfIJA()f31L Print Name and Title 13 ATTACHMENT C ORIGINAL RESOLUTION ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION AND MITIGATION MONITORING PROGRAM Resolution of Statement of Overriding Consideration City Council Meeting: May 20, 2003 Santa Monica, California RESOLUTION NO. 9853 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING FINDINGS NECESSARY TO APPROVE THE CIVIC CENTER PARKING STRUCTURE PROJECT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING PLAN WHEREAS, an Environmental Impact Report has been prepared which analyzes the environmental effects of the Civic Center Parking Structure; and WHEREAS, the City Council, as Lead City Agency, reviewed the Final Environmental Impact Report in full compliance with State and City CEQA Guidelines; and WHEREAS, on May 20,2003, the City Council certified that the Final Environmental Impact Report was prepared in full compliance with State and City CEQA Guidelines, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Sections 15091 and 15092 of the State of California CEQA Guidelines, the City Council finds that most impacts resulting from the project can be reduced to a level that is less than significant. More specifically, significant environmental 1 effects, as identified in this Section below, can feasibly be eliminated or substantially reduced to below a level of significance. However, significant adverse environmental effects, in the areas of traffic / circulation and neighborhood effects, cannot feasibly be avoided or mitigated below a level of significance. Nevertheless, in accordance with Section 15033 of the State CEQA Guidelines, these impacts are found to be acceptable due to overriding considerations as discussed in Section 4 below. (a) The Final EIR determined that without mitigation, the project could have a potentially significant effect on aesthetics. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15091 of the State CEQA Guidelines and as detailed in the Final EI.R at Section 4.1, incorporated herein by reference, the City Council finds that the following mitigation measures have been required of the project. which will mitigate or reduce the impact of the project on aesthetics to below a level of significance (1) The applicant shall design exterior building lighting to ensure that no light projects on adjacent sites. Exterior lighting shall incorporate "cut-off' shields as appropriate to prevent an increase in lighting at adjacent and nearby uses. (2) Landscape illumination and exterior sign lighting shall be accomplished with low- level, unobtrusive fixtures. Such lighting shall be shielded to direct light pools away from off-site viewers. (3) Finish materials, including glazing, shall be of a low reflectivity to minimize glare. Development shall include low-reflective roofing materials to reduce glare potential for nearby development that may have downward views of the project's roof. (b) The Final EIR determined that without mitigation, the project could have a potentially significant effect due to construction. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and as detailed in the Final EIR at Section 4.3, incorporated herein by reference, the City Council finds that the following mitigation 2 measures have been required in the project that will mitigate or reduce the impact of the project construction to below a level of significance: (1) The City shall prepare and implement a Construction Impact Mitigation Plan to provide for traffic and parking capacity management during construction. The plan shall be subject to review and approval by the Departments of Environmental and Public Works Management and Planning and Community Development and, at a minimum, shall include the following: A public information program to advise motorists of impending construction activities (e.g. media coverage, portable message signs, and information signs at the construction site); Approval from the City, or Caltrans if necessary, for any construction detours or construction work requiring encroachment into public rights-of- way, or any other street use activity (e.g. haul routes); Timely notification of construction schedules to all affected agencies (e.g. Police DepartmEmt, Fire Department. Department of Public Works, Department of Planning and Community Development, Los Angeles County Superior Court, Los Angeles County Sheriffs Department, and transit agencies); Coordination of construction work with affected agencies five to ten days prior to start of work; A traffic control plan for the streets surrounding the work area, which includes specific information regarding the project's construction and activities that will disrupt normal traffic flow; Minimizing dirt and demolition material hauling and construction material delivery during the morning and afternoon peak traffic periods and cleaning of streets and equipment as necessary; Scheduling and expediting of work to cause the least amount of disruption and interference to the adjacent vehicular and pedestrian traffic flow. Weekday daytime work on City streets shall primarily be performed between the hours of 9:00 AM and 3:00 PM; Limiting of queuing of trucks to on-site and prohibition of truck queuing on area roadways; Scheduling of preconstruction meetings with affected agencies to properly plan methods of controlling traffic through work areas; Storage of construction material and equipment within the designated work area and limitation of equipment and material visibility to the public; and Provision of additional off-street parking for City employees that currently use the existing site and for construction workers, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City of Santa Monica. (2) During construction, dust generated by the development activities shall be 3 kept to a minimum with a goal of retaining dust through implementation of the following: · 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. Provisions shall be made prior to and during wate~ring to prevent runoff from leaving the site. · During clearing, grading, earth moving, excavation or transportation of cut of fill materials, streets and sidewalks within 150 feet of the site perimeter shall be swept and cleaned a minimum of twice weekly; · 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 late 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. (3) During construction, any construction equipment used on the site must meet the following conditions in order to reduce NOx emissions: · The number of pieces of equipment operating simultaneously must be minimized through efficient management practices; · Construction equipment must be maintained in tune per manufacturer's specifications; · Equipment shall be equipped with 2 to 4-degree engine timing retard or precombustion chamber engines; · Catalytic converters shall be installed, to the extent feasible; · Diesel-powered equipment such as booster pumps or generators should be replaced by Ellectric equipment, to the extent feasible; and · The operation of heavy-duty construction equipment (e.g. 175-HP forklifts, wheeled tractors, tracked tractors) shall be limited to no more than five pieces of equipment at anyone time. (4) Low-VOC architectural coatings shall be used in construction whenever feasible and shall coordinate with the SCAQMD to determine which coatings would reduce VOC emissions to the maximum degree feasible. (5) During construction, all diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers. (6) During construction, electrical power shall be used to run air compressors and similar power tools. (7) For all noise-generating construction activity on the project site, additional noise attenuation techniques shall be employed to reduce noise levels to City of Santa Monica noise standards. Such techniques shall include, but are not 4 limited to, the use of sounds blankets on noise-generating equipment and the construction of temporary sound barriers between construction sites and nearby sensitive receptors. (8) The City shall provide a telephone number for local residents to call to submit complaints associated with construction noise. The number shall be posted on the project site and shall be easily viewed project adjacent public areas. (c) The final EIR determined that without mitigation, the project could have a potentially significant effect on geology and soils. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15091 of the State CEQA Guidelines and as detailed in the final EIR at Section 4.5, incorporated herein by reference, the City Council finds that the following mitigation measures have been required of the project, which will mitigate or reduce the impact of the project on geology and soils to below a level of significance: (1) A geotechnical study shall be prepared for the project site, prior to site development. This report shall include an analysis of the liquefaction potential of the underlying materials. If the site is found to be prone to seismically induced liquefaction, appropriate techniques to minimize liquefaction potential shall be prescribed and implemented. If found to be necessary, suitable measures to reduce liquefaction impacts could include, but are not limited to: · specialized design of foundations by a structural engineer; · removal or treatment of liquefied soils to reduce the potential for liquefaction; · drainage to lower the groundwater table to below the level of liquefiable soils; · in-site densification of soils; or · other alterations to the ground characteristics. Any recommended measures to minimize liquefaction potential specified by the geotechnical study shall be fully implemented in accordance with Uniform Building Code and California Building Code requirements. (2) The geotechnical study shall include an evaluation of the potential for slope stability at the site. The information obtained shall be used to design the excavation and excavation shoring to prevent destabilization of the excavation sidewalls. Any recommendations contained in the geotechnical report shall be fully implemented. 5 (3) !he parking lot design shall consider a mechanism of removing groundwater, if it IS shown to be present at this site. The groundwater removal design shall consider historical ran!~es in groundwater depth. The removal system shall be designed to prevent the parking garage from flooding. (4) All walls of the parking structure shall be waterproofed to protect against corrosive effects of water contact. (5) Prior to issuance of a building permit for the foundation or superstructure, whichever occurs first, soil samples of final sub-grade areas and excavation sidewalls shall be collected and analyzed for their expansion index. For areas where the expansion index is found to be greater than 20, the appropriate grading and foundation designs shall be engineered to withstand the expansive soils. The expansion t,esting may be foregone if the grading and foundations are engineered to withstand the presence of highly expansive soils. (d) The Final EIR determined that without mitigation, the project could have a potentially significant effect on hazards and hazardous materials. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15091 of the State CEQA Guidelines and as detailed in the Final EIR at Section 4.6, incorporated herein by reference, the City Council finds that the following mitigation measures have been required of the project, which will mitigate or reduce the impact of the project on hazards and hazardous materials to below a level of significance: 1) All earth-moving contractors shall be directed to be aware of the possibility of contaminants during site grading. If contaminants are suspected, soil samples are to be obtained and analyzed to determine whether there are contaminants, and if present, to determine the type and concentrations of contaminants. The sample results are to be used to make a determination as to where to transport the material for off-site disposal, or to determine if the soils can be used onsite. (2) If contaminants are detected, the results of the soil sampling within the Phase II ESA shall be forwarded to the local regulatory agency (City of Santa Monica Environmental Program Division, Los Angeles Regional Water Quality Control Board. and/or the State of California Environmental Protection Agency Department of Toxic Substances Control). The agency should review the data 6 and either sign off on the property or determine if any additional investigation or remedial activities are deemed necessary. Any requirements of those agencies shall be fully implemented. SECTION 2. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Sections 15091, 15092, and 15093 of the State of California CEQA Guidelines, the City Council finds that the significant environmental effects as identified below can be reduced but cannot feasibly be avoided or mitigated to below a level of significance. Nevertheless, these impacts are found to be acceptable due to overriding considerations as discussed in Section 4, (a) The Final EIR determined that without mitigation, the project could result in significant effects on traffic and circulation. Impacts identified include neighborhood traffic impacts and significant traffic impacts at three intersections. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and as detailed in the Final EIR at Section 4.13, incorporated herein by reference, the City Council finds that the following mitigation measure has been required in the project that will eliminate the project's traffic and circulation impacts on the intersection of Ocean Avenue/Neilson Way and Pico Boulevard However, even with the implementation of this mitigation measure, the project will cause significant neighborhood traffic impacts on Fourth Street, south of Pica, and will significantly impact the intersection of Fourth Street / Pico Boulevard during interim conditions, when certain downtown parking needs are shifted to the Civic Center Parking Structure, and the intersection of Fourth Street /1-10 Eastbound On-ramp during interim and ultimate conditions, when downtown parking needs are no longer shifted to the Civic 7 Center Parking Structure. The neighborhood impacts on Fourth Street, south of Pico Boulevard, cannot be feasibly mitigated as traffic-calming measures have already been implemented on Fourth Street. To be effective in further reducing pass-through traffic, any additional traffic-calming measures would likely consist of diverters or partial or full street closures. Such measures would likely have unintended adverse consequences on other parallel local streets. The intersection impacts at Fourth Street I Pico Boulevard and Fourth Street / 1-10 On-ramp cannot be feasibly mitigated as physical constraints would require narrowing or eliminating sidewalks or encroaching upon adjacent properties to implement mitigation. These mitigation measures would themselves result in significant negative impacts to the area and impact the neighborhood context. Narrowing sidewalk widths or eliminating sidewalks adversely affects the pedestrian environment by reducing the walking area for pedestrians, including pedestrians going to and coming from Santa Monica High School, and potentially forcing pedestrians into the street. Encroachments on adjacent properties would involve removing part of the Public Safety Facility, the commercial properties on the south side of Pico Boulevard, or the Santa Monica High School Track and Field, or removing landscaping adjacent to the Doubletree Hotel or the Civic Auditorium Parking Lot. Removal of landscaped parkways would negatively affect the pedestrian environment by reimoving adjacent green space that provides shading and visual relief. Removal of parts of community facilities would negatively impact the facilities' ability to provide public services, Removal of parts of commercial buildings on Pico Boulevard would negatively affect the interest and variety of the pedestrian experience on that street, as well as impact the viability of the existing businesses, Such widening of streets to accommodate additional vehicle trips is contrary City policy where the 8 preservation of neighborhoods and the pedestrian environment is highly valued (1) Prior to issuance of a certificate of occupancy, the City shall modify the intersection striping at Ocean Avenue/Neilson Way & Pico Boulevard to provide a protected phase for the westbound left-turn movement. Implementation of this measure would necessitate the provision of some combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads. (b) The Final EIR determined that without mitigation, the project could result in significant neighborhood effects. Impacts identified include aesthetics, construction effects, and traffic circulation. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and as detailed in the Final EIR at Section 4.8, the City Council finds that the mitigation measures identified in Sections 1(a) and 1(b) above have been required in the project that will eliminate most of the project's neighborhood impacts. However, even with the implementation of these measures, significant neighborhood impacts would remain as a result of neighborhood traffic impacts as identified in Section 2(a) above. SECTION 3. The CEQA-mandated environmentally superior alternative was found to be the "No Project Alternative." As analyzed in the Final EIR at Section 6, the No Project Alternative would result in impacts that would be equal to or less than the impacts for the proposed project, as well as for each of the other alternatives considered. However, the No Project Alternative is not feasible since it does not satisfy the project objectives of serving as temporary parking for downtown Santa Monica while the downtown public parking structures undergo seismic retrofitting and replacement, providing public and employee parking for adjacent uses, and allowing forthe development of an efficient public parking structure that can eventually replace surface parking within the Civic Center. Other Q alternatives include: (a) "Proposed Project with Rooftop Community Room Alternative", which would add a 2,500-square foot community room to the roof of the parking structure; this alternative would have greater land use impacts, greater and reduced neighborhood impacts, and similar impacts in other areas of analysis; (b) "Substitute Site Alternative", which would construct the parking structure on Ocean Avenue, north of the Pacific Shores Hotel; this alternative would have greater impacts on aesthetics, air quality, land use, and neighborhood effects, noise, and traffic/circulation, and similar impacts in other areas of analysis; and (c) "Two Garages Alternative", which would divide the parking between the proposed site and the substitute site above; this alternative would have greater impacts on construction effects, land use, neighborhood effects, noise, traffic/circulation, and utilities/services systems, greater and reduced impacts on aesthetics, and similar impacts in other areas of analysis, The "No Project Alternative" is considered to be environmentally superior overall, Among the remaining alternatives, the "Proposed Project with Rooftop Community Room" appears to be superior overall, as it involves some improvements in neighborhood impacts, and involves fewer increased impacts than the other alternatives. While the "No Project Alternative" is considered to be superior overall, the proposed project appears to be superior to the remaining alternatives. SECTION 4. As fully dElscribed in Section 2, the Final EIR found that the proposed project would result in significant and unavoidable adverse impacts in the areas of traffic 10 and transportation and neighborhood effects. Consistent with Section 15093 of the State of California CEQA Guidelines, the City Council hereby makes a Statement of Overriding Considerations and finds that the benefits of the Civic Center Parking Structure outweigh its unavoidable environmental impacts based on the following reasons: (a) The Civic Center Parking Structure will support key community facilities, including City Hall, the County Courthouse, the Public Safety Facility and the Civic Auditorium, by providing parking for automobiles and bicycles of the public and employees, as well as parking for official vehicles, (b) The Civic Center Parking Structure provides a major new parking resource to allow for the eventual redevelopment of surface parking in the Civic Center area for public- serving parks and community facilities, as prescribed by the Civic Center Specific Plan for this site (c) Land Use Element Policy 1.11 prescribes the provision of land for parks and other public facilities adequate to meet future needs. The project supports this policy of the Land Use Element by consolidating surface parking into structures to allow for the eventual redevelopment of surface parking in the Civic Center area for parks and community facilities. (e) Land Use Element Policy 1.12.2 provides for the use of public lands and facilities within this area to be determined by the Civic Center Specific Plan, The project supports this policy of the Land Use Element by complying with the requirements of the Civic Center Specific Plan (f) The traffic and transportation impacts to Fourth Street / Pico Boulevard and Fourth Street! 1-10 Eastbound On-ramp under the interim conditions are temporary in 11 nature and are not expected to continue beyond the interim period during which certain downtown parking needs are temporarily shifted to the Civic Center Parking Structure, (g) The significant and unavoidable traffic impact at Fourth Street 11-10 Eastbound On-ramp under the ultimate conditions is related to shifting of existing trips as more parkers take advantage of the parking structure's adjacency to the freeway. This shift reduces traffic on other Santa Monica roadways and intersections. (h) The significant and unavoidable traffic impact on Fourth Street south of Pico under the ultimate conditions is specifically associated with any destination retail or restaurant use of the street-level leasable space in the parking garage. As these uses are expected to be neighborhood-serving or public-service functions, these traffic impacts would be reduced, (i) The significant and unavoidable traffic impacts on Fourth Street south of Pico consist of only 16 additional daily trips on weekdays and 19 additional daily trips on Saturdays. U) The provision of a community meeting room provides a needed assembly venue within the walkable environment of the Civic Center while also providing convenient parking, if needed. SECTION 5. Consistent with Public Resources Code Section 21081.6, the City Council adopts the Mitigation Monitoring Plan, which is included as Attachment A, to mitigate or avoid significant 13ffects of the Project on the environment and to ensure compliance during project implementation 12 SECTION 6. ConsistEmt with Section 21081.6(d) of the California Environmental Quality Act, the documents which constitute the record of proceedings for approving this project are located in the Planning and Community Development Department at 1685 Main Street, Room 212, Santa Monica, California. The custodian of these documents is Andy Agle, Assistant Director. SECTION 7, The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~ RIE F:IPLAN\ADMIN\CIVCTR\CCPARKINGIPC\SOC.DOC 13 Adopted and approved this 20th day of May, 2003, ~ VMayor Bloom I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 9853 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 20th day of May, 2003, by the following vote: Ayes: Council members: Feinstein, O'Connor, Holbrook, Katz, Genser, Mayor Pro Tem McKeown, Mayor Bloom Noes: Council members: None Abstain: Council members: None Absent: Council members: None ATTEST: ~~-~~ Maria M. Stewart, Ci\y Clerk 23 z <( -I <( (9 Z 0::::. o I- Z o ~ z o I- <{ (9 I- :2 z J: (.) <( l- I- <( c ,tJ 0 ~ 3 l/: ~ ~ 8 ~ Ii =a. ~ 1& :;J :5 J!.. :90 II) >-~ c U o c as Q.CllQ.. ~t 0::: CI>- c U 1:C :i! lSl :::Ell.. s cg'.. Cll 1: ::I .cOU ~~8 0 ::'Ii! ~ 'S 0- & c o ~ iii > E e l! Q. g> ~ - .. 0 Q.. 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E Q .~ " :s .. w ,~ .= ~ lB ;:; ;:: ~:5olj.l: >. ell ~ ~ 22 ATTACHMENT D REVISED RESOLUTION ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION AND MITIGATION MONITORING PROGRAM Resolution of Statement of Overriding Consideration City Council Meeting: October 14, 2003 Santa Monica, California RESOLUTION NO. 9899 eccs) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING FINDINGS NECESSARY TO APPROVE THE CIVIC CENTER PARKING STRUCTURE PROJECT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING PLAN WHEREAS, an Environmental Impact Report has been prepared which analyzes the environmental effects of the Civic Center Parking Structure; and WHEREAS, the City Council, as Lead City Agency, reviewed the Final Environmental Impact Report in full compliance with State and City CEQA Guidelines; and WHEREAS, on May 20,2003, the City Council certified that the Final Environmental Impact Report was prepared in full compliance with State and City CEQA Guidelines NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS SECTION 1 Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Sections 15091 and 15092 of the State of California CEQA Guidelines, the City Council finds that most impacts resulting from the project can be reduced to a level that is less than significant. More specifically, significant environmental effects, as identified in this Section below, can feasibly be eliminated or substantially reduced to below a level of significance. However, significant adverse environmental 1 effects, in the areas of traffic / circulation and neighborhood effects, cannot feasibly be avoided or mitigated below a level of significance. Nevertheless, in accordance with Section 15033 of the State CEQA Guidelines, these impacts are found to be acceptable due to overriding considerations as discussed in Section 4 below, (a) The Final EIR determined that without mitigation, the project could have a potentially significant effect on aesthetics, as detailed in the Final EIR at Section 4.1, incorporated herein by reference. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Section 1509 of the State CEQA Guidelines and as detailed in Section 4.1, the City Council finds that the following mitigation measures have been required of the project, which will mitigate or reduce the impact of the project on aesthetics to below a level of significance: (1) The applicant shall design exterior building lighting to ensure that no light projects on adjacent sites. Exterior lighting shall incorporate "cut-off" shields as appropriate to prevent an increase in lighting at adjacent and nearby uses. (2) Landscape illumination and exterior sign lighting shall be accomplished with low- level, unobtrusive fixtures. Such lighting shall be shielded to direct light pools away from off-site viewers. (3) Finish materials, including glazing, shall be of a low reflectivity to minimize glare. Development shall include low-reflective roofing materials to reduce glare potential for nearby development that may have downward views of the project's roof. (b) The Final EIR determined that without mitigation, the project could have a potentially significant effect due to construction, as detailed in the Final EIR at Section 4.3, incorporated herein by reference, Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and as detailed in Section 4.3, the City Council finds that the following mitigation measures have been required in the project that will mitigate or reduce the impact of the project construction to below a level of significance: 2 1) The City shall prepare and implement a Construction Impact Mitigation Plan to provide for traffic and parking capacity management during construction. The plan shall be subject to review and approval by the Departments of Environmental and Public Works Management and Planning and Community Development and, at a minimum, shall include the following: A public information program to advise motorists of impending construction activities (e.g. media coverage, portable message signs, and information signs at the construction site); Approval from the City, or Caltrans if necessary, for any construction detours or construction work requiring encroachment into public rights-of- way, or any other street use activity (e.g. haul routes); Timely notification of construction schedules to all affected agencies (e.g. Police Department, Fire Department, Department of Public Works, Department of Planning and Community Development, Los Angeles County Superior Court, Los Angeles County Sheriffs Department, and transit agencies); Coordination of construction work with affected agencies five to ten days prior to start of work; A traffic control p~an for the streets surrounding the work area, which includes specific information regarding the project's construction and activities that will disrupt normal traffic flow; Minimizing dirt and demolition material hauling and construction material delivery during the morning and afternoon peak traffic periods and cleaning of streets and equipment as necessary; Scheduling and expediting of work to cause the least amount of disruption and interference to the adjacent vehicular and pedestrian traffic flow. Weekday daytime work on City streets shall primarily be performed between the hours of 9:00 AM and 3:00 PM; Limiting of queuing of trucks to on-site and prohibition of truck queuing on area roadways; Scheduling of preconstruction meetings with affected agencies to properly plan methods of controlling traffic through work areas; Storage of construction material and equipment within the designated work area and limitation of equipment and material visibility to the public; and Provision of additional off-street parking for City employees that currently use the existing site and for construction workers, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City of Santa Monica. (2) During construction, dust generated by the development activities shall be kept to a minimum with a goal of retaining dust through implementation of the following: . During clearing, grading, earth moving, excavation, or transportation of cut 3 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. Provisions shall be made prior to and during watering to prevent runoff from leaving the site. During clearing, grading, earth moving, excavation or transportation of cut of fill materials, streets and sidewalks within 150 feet of the site perimeter shall be swept and cleaned a minimum of twice weekly; During construction, water trucks or sprink~er 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 late 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. (3) During construction, any construction equipment used on the site must meet the following conditions in order to reduce NOx emissions: . The number of pieces of equipment operating simultaneously must be minimized through efficient management practices; . Construction equipment must be maintained in tune per manufacturer's specifications; . Equipment shall be equipped with 2 to 4-degree engine timing retard or precombustion chamber engines; . Catalytic converters shall be installed, to the extent feasible; . 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 (e.g. 175-HP forklifts, wheeled tractors, tracked tractors) shall be limited to no more than five pieces of equipment at anyone time. (4) Low-VOC architectural coatings shall be used in construction whenever feasible and shall coordinate with the SCAQMD to determine which coatings would reduce vac emissions to the maximum degree feasible. (5) During construction, all diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers, (6) During construction, electrical power shall be used to run air compressors and similar power tools. (7) For all noise-generating construction activity on the project site, additional noise attenuation techniques shall be employed to reduce noise levels to City of Santa Monica noise standards. Such techniques shall include, but are not limited to, the use of sounds blankets on noise-generating equipment and the construction of temporary sound barriers between construction sites and nearby sensitive receptors. L1 (8) The City shall provide a telephone number for local residents to call to submit complaints associated with construction noise. The number shall be posted on the project site and shall be easily viewed project adjacent public areas. (c) The Final EIR determined that without mitigation, the project could have a potentially significant effect on geology and soils, as detailed in the Final EIR at Section 4.5. incorporated herein by reference. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15091 of the State CEQA Guidelines and as detailed in Section 4.5, the City Council finds that the following mitigation measures have been required of the project, which will mitigate or reduce the impact of the project on geology and soils to below a level of significance A geotechnical study shall be prepared for the project site, prior to site development. This report shall include an analysis of the liquefaction potential of the underlying materials. If the site is found to be prone to seismically induced liquefaction, appropriate techniques to minimize liquefaction potential shall be prescribed and implemented. If found to be necessary, suitable measures to reduce liquefaction impacts could include, but are not limited to: · specialized design of foundations by a structural engineer; · removal or treatment of liquefied soils to reduce the potential for liquefaction; · drainage to lower the groundwater table to below the level of liquefiable soils; · in-site densification of soils; or · other alterations to the ground characteristics. Any recommended measures to minimize liquefaction potential specified by the geotechnical study shall be fully implemented in accordance with Uniform Building Code and California Building Code requirements. (2) The geotechnical study shall include an evaluation of the potential for slope stability at the site. The information obtained shall be used to design the excavation and excavation shoring to prevent destabilization of the excavation sidewalls. Any recommendations contained in the geotechnical report shall be fully implemented. (3) The parking lot design shall consider a mechanism of removing groundwater, if it is shown to be present at this site. The groundwater removal design shall consider historical ranges in groundwater depth. The removal system shall be 5 designed to prevent the parking garage from flooding. (4) All walls of the parking structure shall be waterproofed to protect against corrosive effects of water contact. (5) Prior to issuance of a building permit for the foundation or superstructure, whichever occurs first, soil samples of final sub-grade areas and excavation sidewalls shall be collected and analyzed for their expansion index. For areas where the expansion index is found to be greater than 20, the appropriate grading and foundation designs shall be engineered to withstand the expansive soils. The expansion testing may be foregone if the grading and foundations are engineered to withstand the presence of highly expansive soils. (d) The Final EIR determined that without mitigation, the project could have a potentially significant effect on hazards and hazardous materials, as detailed in the Final EIR at Section 4.6, incorporated herein by reference. Consistent with Article VI, Section 12 ofthe City of Santa Monica CEQA Guidelines and Section 15091 of the State CEQA Guidelines and as detailed in Section 4.6, the City Council finds that the following mitigation measures have been required of the project, which will mitigate or reduce the impact of the project on hazards and hazardous materials to below a level of significance :1) All earth-moving contractors shall be directed to be aware of the possibility of contaminants during site grading. If contaminants are suspected, soil samples are to be obtained and analyzed to determine whether there are contaminants, and if present, to determine the type and concentrations of contaminants. The sample results are to be used to make a determination as to where to transport the material for off-site disposal, or to determine if the soils can be used onsite. (2) If contaminants are detected, the results of the soil sampling within the Phase II ESA shall be forwarded to the local regulatory agency (City of Santa Monica Environmental Program Division, Los Angeles Regional Water Quality Control Board, and/or the State of California Environmental Protection Agency Department of Toxic Substances Control). The agency should review the data and either sign off on the property or determine if any additional investigation or remedial activities are deemed necessary. Any requirements of those agencies shall be fully implemented. SECTION 2. Consistent with Article VI, Section 12 of the City of Santa Monica 6 CEQA Guidelines and Sections 15091, 15092, and 15093 of the State of California CEQA Guidelines, the City Council finds that the significant environmental effects as identified below can be reduced but cannot feasibly be avoided or mitigated to below a level of significance. Nevertheless, these impacts are found to be acceptable due to overriding considerations as discussed in Section 4 (a) The Final EIR determined that without mitigation, the project could result in significant effects on traffic and circulation, as detailed in the Final EIR at Section 4.13, incorporated herein by reference. Impacts identified include neighborhood traffic impacts and significant traffic impacts at three intersections. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and as detailed in Section 4.13, the City Council finds that the following mitigation measure has been required in the project that will eliminate the project's traffic and circulation impacts on the intersection of Ocean Avenue/Neilson Way and Pico Boulevard However, the City Council further finds that even with the implementation of this mitigation measure, the project will cause significant neighborhood traffic impacts on Fourth Street, south of Pico, and will significantly impact the intersection of Fourth Street / Pico Boulevard during interim conditions, when certain downtown parking needs are shifted to the Civic Center Parking Structure, and the intersection of Fourth Street /1-10 Eastbound On-ramp during interim and ultimate conditions, when downtown parking needs are no longer shifted to the Civic Center Parking Structure. The neighborhood impacts on Fourth Street, south of Pico Boulevard, cannot be feasibly mitigated as traffic-calming measures have already been implemented on Fourth Street. To be effective in further reducing pass-through traffic, any additional traffic-calming measures would likely consist of diverters or partial or full street closures. Such measures 7 would likely have unintended adverse consequences on other parallel local streets. The intersection impacts at Fourth Street / Pico Boulevard and Fourth Street / 1-10 On-ramp cannot be feasibly mitigated as physical constraints would require narrowing or eliminating sidewalks or encroaching upon adjacent properties to implement mitigation These mitigation measures would themselves result in significant negative impacts to the area and impact the neighborhood context. Narrowing sidewalk widths or eliminating sidewalks adversely affects the pedestrian environment by reducing the walking area for pedestrians, including pedestrians going to and coming from Santa Monica High School, and potentially forcing pedestrians into the street. Encroachments on adjacent properties would involve removing part of the Public Safety Facility, the commercial properties on the south side of Pico Boulevard or the Santa Monica High School Track and Field, or removing landscaping adjacent to the Doubletree Hotel or the Civic Auditorium Parking Lot. Removal of landscaped parkways would negatively affect the pedestrian environment by removing adjacent green space that provides shading and visual relief. Removal of parts of community facilities would negatively impact the facilities' ability to provide public services Removal of parts of commercial buildings on Pico Boulevard would negatively affect the interest and variety of the pedestrian experience on that street, as well as impact the viability of the existing businesses Such widening of streets to accommodate additional vehicle trips is contrary City policy where the preservation of neighborhoods and the pedestrian environment is highly valued 1) Prior to issuance of a certificate of occupancy, the City shall modify the intersection striping at Ocean Avenue/Neilson Way & Pico Boulevard to provide a protected phase for the westbound left-turn movement. Implementation of this measure would necessitate the provision of some combination of new signage, controller cabinets, poles, mast arms, detectors. and/or signal heads. 8 (b) The Final EIR determined that without mitigation, the project could result in significant neighborhood effects, as detailed in the Final EIR at Section 4.8, incorporated herein by reference. Impacts identified include aesthetics, construction effects, and traffic circulation, Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15091 of the State CEQA Guidelines and as detailed in Section 4.8, the City Council finds that the mitigation measures identified in Sections 1 (a) and 1 (b) above have been required in the project that will eliminate most of the project's neighborhood impacts However, the City Council further finds that even with the implementation of these measures, significant neighborhood impacts would remain as a result of neighborhood traffic impacts as identified in Section 2(a) above. which impacts cannot feasibly be mitigated SECTION 3. Consistent with Article VI, Section 12.a (3) of the City of Santa Monica CEQA Guidelines and Section 15091 of the State CEQA Guidelines, and as analyzed in the Final EIR at Section 6, incorporated herein by reference, the City Council finds as follows (a) The CEQA-mandated environmentally superior alternative was the "No Project Alternative," The No Project Alternative would result in impacts that would be equal to or less than the impacts for the proposed project, as well as for each of the other alternatives considered. However, the No Project Alternative is not feasible since it does not satisfy the project objectives of serving as temporary parking for downtown Santa Monica while the downtown public parking structures undergo seismic retrofitting and replacement, providing public and employee parking for adjacent uses, and allowing for the development of an 9 efficient public parking structure that can eventually replace surface parking within the Civic Center. Thus none of the benefits of the project would be obtained if the no project alternative were adopted. (b) "Proposed Project with Rooftop Community Room Alternative", which would add a 2,500-square foot community room to the roof of the parking structure; this alternative would have greater land use impacts, greater and reduced neighborhood impacts, and similar impacts in other areas of analysis. This alternative is infeasible because creation of a rooftop community room that is structurally and acoustically isolated from the remainder of the parking structure would result in an unacceptable loss of parking spaces within the structure and would add prohibitive additional costs to the project; (c) "Substitute Site Alternative", which would construct the parking structure on Ocean Avenue, north of the Viceroy Hotel; this alternative would have greater impacts on aesthetics, air quality, land use, and neighborhood effects, noise, and traffic/circulation, and similar impacts in other areas of analysis. This alternative is infeasible because its environmental impacts would be greater and construction of the parking structure in this location would be physically separated from the uses for which it is intended to provide convenient parking, including the Public Safety Facility, City Hall, and County Courthouse; and (d) "Two Garages Alternative", which would divide the parking between the proposed site and the substitute site above; this alternative would have greater impacts on construction effects, land use, neighborhood effects, noise, traffic/circulation, and utilities/services systems, greater and reduced impacts on aesthetics, and similar impacts in other areas of analysis. This alternative is infeasible because its environmental impacts 10 [) n twn result an LJse or C and Dne of uses for which it tf1 II th,;~ Iy <;;;l Arnollg thl rerl18ilmng Rnnm' tn rlfl it :'in me <:md r)p. to i'lnd "TwCJ in uses for ill cl udillq j"'" ,''''' I'~~':;'~ s flJIlV III Th@ r c: r1. including City Hall, the County Courthouse, the Public Safety Facility and the Civic Auditorium, by providing parking for automobiles and bicycles ofthe public and employees as well as parking for official vehicles. (b) The Civic Center Parking Structure provides a major new parking resource to allow for the eventual redevelop~ent of surface parking in the Civic Center area for public- serving parks and community facilities, as prescribed by the Civic Center Specific Plan for this site. (c) Land Use Element Policy 1.11 prescribes the provision of land for parks and other public facilities adequate to meet future needs. The project supports this policy of the Land Use Element by consolidating surface parking into structures to allow for the eventual redevelopment of surface parking in the Civic Center area for parks and community facilities. (e) Land Use Element Policy 1.12.2 provides for the use of pu blic lands and facilities within this area to be determined by the Civic Center Specific Plan. The project supports this policy of the Land Use Element by complying with the requirements ofthe Civic Center Specific Plan (f) The traffic and transportation impacts to Fourth Street / Pico Boulevard and Fourth Street 1-10 Eastbound On-ramp under the interim conditions are temporary in nature and are not expected to continue beyond the interim period during which certain downtown parking needs are temporarily shifted to the Civic Center Parking Structure. (g) The significant and unavoidable traffic impact at Fourth Street /1-10 Eastbound On-ramp under the ultimate conditions is related to shifting of existing trips as more parkers take advantage of the parking structure's adjacency to the freeway This shift reduces 12 traffic on other Santa Monica roadways and intersections. (h) The significant and unavoidable traffic impact on Fourth Street south of Pico under the ultimate conditions is specifically associated with any destination retail or restaurant use of the street-level leasable space in the parking garage. As these uses are expected to be neighborhood-serving or public-service functions, these traffic impacts would be reduced (i) The significant and unavoidable traffic impacts on Fourth Street south of Pica consist of only 16 additional daily trips on weekdays and 19 additional daily trips on Saturdays SECTION 5. Consistent with Public Resources Code Section 21081.6, the City Council adopts the Mitigation Monitoring Plan, which is included as Attachment A, to mitigate or avoid significant effects of the Project on the environment, as detailed in Sections 1 and 2 of this resolution, and to ensure compliance during project implementation SECTION 6 Consistent with Section 21081.6(d) of the California Environmental Quality Act, the documents which constitute the record of proceedings for approving this project are located in the Planning and Community Development Department at 1685 Main Street, Room 212, Santa Monica, California The custodian of these documents is Andy Agle, Assistant Director. 13 SECTION 7 Th~ City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM F:\PLANIADMIN\CIVCTR\CCPARKIN<!;\CC DR AMEND\SOC.DOC 14 Adopted and approve~ this 14th day of October, 2003. Richard Bloom, Mayor I, Maria Stewa~ City Clerk of the City of Santa Monica, do hereby certify that the foregoing Res lution No. 9899 (CCS) was dUI.y adopted at a meeting of the Santa Monica City Council held on the 14th day of October, 2003, by the following vote: Ayes: Council rPembers: Feinstein, Genser, Mayor Pro Tem McKeown, Katz, O'Connor, Holbrook, Mayor Bloom Noes: Coundl~embe~: None Abstain: Coundl~embe~: None Absent: Council nPembers: None ATTEST: ~~-~..,w1 Maria M. Stewart, City" Clerk 24 <C I- Z w :E J: U <C I-- I-- <C z <( -I 0- c..9 Z 0::: o I- Z o ;2 z o I- <( <.9 I- :2: !..., o "" 1.iI C ~ t1J <:l; >, ;::! ai ::l cr ':ll li: ,S ~s ;, ~:.: ;:i F" 2 8 S'EO '0 ~ 1""" ,g r;> <t 'E c: :~ -0 c o ("l -a ~ 'l'I ~ ~ ~' ,;z:: '.I) Q \::: \.\,J r:: ~ WJ q . . III ,lJ c: ,Q ~ .l!! c::: l1S CI) .... o :.. ~ c: Q) E t:: III C. Q)- a I: E E E~ Q) C. ClQ) ilia 1:_ III I: :!: Q) I: III E .2 .:.: C. III 0..2 "S: ~~i5 "~~ c :a >. Q) ::::J .<;:: E ll.. 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Ql ::.:: - :n ~TTACHMENT E CITY CcpUNCIL STAFF REPORT OF MAY 20,2003 PCD:AA:f:\plan\admin\civctr\ccparking\cc appeal\strpt2.doc Santa Monica, California Council Meeting: May 20, 2003 TO: Mayor and City Council FROM: City Staff SUBJECT: Appeal 03-002 of the Planning Commission's approval of EIR 02- 003 and Development Review Permit 02-010 for the Civic Center Parking Structure, including review of the issues raised by the Planning Commission: community room, street-level landscaping, roof-level stepback, southern fac;ade, awnings, and roof-top trellises. Applicant: City of Santa Monica. Appellant: Maureen Gorson, Esq. for Doubletree Guest Suites Santa Monica INTRODUCTION This report recommends that the City Council take the following actions: 1. Consider issues related to the Civic Center Parking Structure, including the concerns raised by the Planning Commission (community room, street-level landscaping, roof-level stepback, southern fac;ade, awnings, and roof-top trellises) and the appeal filed by Maureen Gorson, Esq. for Doubletree Guest Suites Santa Monica. 2. Certify the Final Environmental Impact Report prepared for the proposed Civic Center Parking Structure; 3. Adopt a statement of overriding considerations and mitigation monitoring plan for the proposed project; and 4. Deny the appeal and approve Development Review Permit 02DR-010 with conditions for the proposed project. BACKGROUND The City proposes to construct of a new 244,930-square foot public parking structure of five levels above grade with rooftop parking and one and one-half levels of below-grade parking, accommodating a maximum of 880 parking spaces with street-level leasable tenant spaces, in the Civic Center area. Development Review Permit 02-010 is required as the project involves new development of over 30,000 square feet within the Civic Center Specific Plan (CCSP) area. An Environmental Impact Report (EIR) has been prepared that examines the potential environmental impacts of the proposed project. On March 5, 2003, the Planning Commission certified the Final EIR, adopted a Statement of Overriding Considerations and Mitigation Monitoring Program, and approved the Development Review Permit. The Planning Commission's Statement of Official Action is included as Attachment A and Meeting Minutes from March 5 as Attachment B On March 19, 2003, representatives of the Doubletree Guest Suites Santa Monica appealed the Planning Commission decision, contending that the potential environmental impacts of the proposed project are not fully disclosed and analyzed in the EIR and that the Planning Commission recognized deficiencies within the EIR and certified the EIR nonetheless. The appeal statement is included as Attachment C. This hearing by the City Council is de novo. Consequently, all issues related to the project are now before the Council Although the Planning Commission certified the EIR, the environmental document is also before the City Council. Therefore, the City Council should re-certify the EIR prior to taking action on the proposed project. While the EIR identifies significant and unavoidable adverse environmental impacts, the Council may certify the EIR with these impacts, 2 provided that, prior to approval of the project, the Council adopts a Statement of Overriding Considerations that finds the benefits of the proposed project outweigh the unavoidable adverse environmental impacts. DISCUSSION PlanninQ Commission Action On March 5, 2003, the Planning Commission held a public hearing on the proposed project. The only public testimony came from representatives of the Doubletree Hotel, whose testimony focused primarily on shadow impacts and effects on ocean views from the hotel. The Planning Commission considered the following issues in their review of the EIR and proposed project: Traffic Data Some of the commissioners expressed concern that the results of the traffic study contained in the EIR differ from commissioners' personal experiences of traffic conditions. The base-year traffic operating conditions in the City's traffic model are developed based on empirical traffic counts collected at each intersection. The City's practice for traffic studies is to use traffic count and forecast data from the City's Traffix model as the basis for the study, to which project traffic is then added and evaluated. At present, the 1999 traffic count dataset in the Traffix model database is the most recent available dataset, and has been used for this 3 EIR, as well as studies for other recent projects in Santa Monica. The traffic study forecasts future conditions to the year 2009 by adding background traffic growth at 1.5 percent per year compounded (from 1999 on), plus cumulative traffic generated by specific proposed and approved related projects, including development that has been completed between 1999 and the present. The 1.5 percent per year background growth is very conservative, particularly because it is in addition to traffic from proposed and approved related projects. By comparison, the 2002 Los Angeles County Congestion Management Program forecasts overall traffic growth of less than one percent per year on the Westside, including both ambient growth and future projects. The project traffic study, as well as other EIR traffic studies prepared for the City, is based on the "level of service" methodology. The peak-hour levels of service are estimated using the "Operational Analysis" methodology from the Highway Capacity Manual (HCM), in accordance with City guidelines. The HCM is a nationally accepted document published by the Transportation Research Board. Using this methodology, the level of service is determined and reported for the intersection as a whole based on the average vehicular delay for all vehicles at the intersection. This methodology calculates average delay and volume-to- capacity ratio based on the amount of traffic traveling through the intersection, travel lane geometries, signal phasing, and other factors affecting capacity such as on-street parking, bus operations near the intersection, and pedestrian volumes at the street crosswalks. While delays longer and shorter than the average condition 4 for the intersection as a whole can be experienced by motorists on certain movements and during specific times within the peak hour, the methodology reflects the overall conditions and delays that would be experienced by the average motorist. In this way, the City's traffic model presents a conservative, comprehensive and reasonable forecast of future traffic conditions. Project Design The Planning Commission expressed their satisfaction with the overall project design. However, the Commission did apply special conditions to the Development Review Permit stating that the Architectural Review Board should pay special attention to the following elements of the project design: · Greater variation in the street-level awnings; · Creation of a "gateway" element on the south facade of the project; · Inclusion of landscaping that "softens" the building relative to Fourth Street while not blocking the pedestrian-accessibility of the ground-floor uses; and · Massing and shadow effects of the project relative to Fourth Street, including relocation of the rooftop trellises and a roof-level stepback. The project's design-build team has developed design alternatives and cost estimates associated with the modifications considered by the Planning Commission. 5 The Planning Commission requested consideration of greater variation in the street-level awnings in order to create a more diverse texture of pedestrian experience along the street. A "gateway" design element at the southern fa(fade was requested to give this fa(fade equal importance to the "gateway" element at the north fa(fade. Attachment E shows design modifications reflecting variation in the street-level awnings and a southern gateway element. The Planning Commission's request for street-level landscaping presents I challenges with respectl to the design intent and parking capacity of the proposed project. While the gen~ral design approach for the project has been to provide a high-quality pedestrian lexperience through building design and materials, some options that have beer developed for street-level landscaping are shown in Attachment F, as fOllow$: Option 1 provides si ewalk-Ievel building cutouts that provide small, protected garden areas. Whi e such an approach provides additional variation in the pedestrian experien e along Fourth Street, it is not recommended as it would result in the loss of 5 parking spaces, create challenging discontinuity within the first- and secon -level tenant spaces, and introduce an element that is inconsistent with th overall design intent of the project and likely will not be of benefit to the long term pedestrian-friendliness of the project. Option 2 provides ~a variation of the previous option, with the notches continuing vertically for the entire height of the structure. This option results in the loss of 49 pa king spaces and is not recommended as it presents the same challenges as ociated with Option 1. · Option 3 provides f.nes growing up trellis panels along the Fourth Street facade. This optio adds additional variety and articulation to the fa(fade, though the City's ca acity to appropriately maintain the vines could affect the project's aesthetics ver time. 6 · Option 4 shows the~addition of a landscaped strip between the sidewalk and the storefront. This approach is not recommended as it could create a barrier between pedestrian and the adjacent storefronts and serves to defeat the primary purpose for providing street-level tenant uses. · Option 5 provides ~or the creation of a landscaped parkway between the sidewalk and the st eet. This approach provides landscaping in a location where it could pro ide for the greatest relief for pedestrians by creating a green transition zon between the sidewalk and the adjacent travel lane. The Planning Commis~ion also suggested that the photovoltaic rooftop trellis structures adjacent to ~ourth Street be relocated to the center of the structure. Attachment G shows th~ visual impacts of this approach Staff does not support this modification, whiC~ is contrary to the CCSP's stated purpose of requiring 'perimeter" trellis stru9tures to screen the rooftop parking from view. approach also negativ,ly impacts the overall design intent of using the trellis structures to add variat~on and visual interest to the Fourth Street fayade. relocation of the trellise~ would also largely eliminate the proposed approach for creating a "gateway" el~ment at the north fayade of the structure. Finally, the Planning C~mmission engaged in a detailed discussion of providing a stepback at the roof leyel adjacent to Fourth Street and requested that design modifications to the roM-level be considered Attachment H illustrates a roof- level stepback of 15 fe~t adjacent to Fourth Street This approaches results in a loss of 51 parking spaqes. Staff cannot support the roof-level stepback, which significantly undermin~s the functional and visual integrity of the parking structure. The roof-lev~1 step back is expected to be largely imperceptible from the sidewalk/street leve~, thereby not significantly affecting the perceived mass of 7 the structure as viewe~ by pedestrians. The stepback will likely appear to be a mistake in the design 9r construction of the project, and certainly not in keeping with the quality of the r~minder of the structure, If the Development Review Permit is approved, special conditions are recommended (conditi9ns 52 to 54) to ensure that the design intent associated with the permit carries t~rough design development and construction documents. Rooftop Community ~oom The Planning commis4ion inquired about a potential rooftop community room that had been consider~d during the project's conceptual design phase. As the rooftop communi~y room would exceed the height limit permitted under the Civic Center Specific PI~n, a discrete amendment to the specific plan would need to be adopted prior to I approval of the rooftop community room. The rooftop community room was f~lIy analyzed, including a complete traffic analysis, as a project alternative with~n the EIR and no additional significant impacts were shown to result from th~ inclusion of the room. If Council wishes to pursue the inclusion of the commu~ity room, the Planning Commission or City Council must adopt a notice of inte~t to amend the specific plan, followed by review and recommendation on thq plan amendment by the Planning Commission, prior to Council adoption. 8 ArJO~Cll Anaj"sis Representativef':: of Doubletree Hote~ CammtSSlon certific~dion of the R nd 8opea~ed both the Plal111ng a p p rov81 of th e Deve to pment R fa,iied to Elrlalyze potential ~eview Perma... The .8J!tJpeai letter cl:3ims "The ~ignific.i]nt environmenta impacts or relied on mul1ip!9 rniscalclJlatiat1~ th.FiIt suhstanti:::.lly IJnderstate those impacts. Staff disagrees. with th~$e assertions as discUissed in the Rt8spolf'lse to Comments to thlf~ Final R and the Planning Commlssion written ~md oral staff reports (see Attachment T Appendix F, page'S. ~7 60 A discussion of the key issues is pr(wided below Shadow Impacts T~e DOlJh~etre~ representative!': di3irnthat the project will h;::'lve envimnmfmt;::ally sbgnificant shadow e.ffects an the hotel' outdoor patio, indoor restaur;:mt ,lower-level guest moms and swimming ronl rli~(;lJssirlg shadow effects. there are sever~l! ~mpE1Ft.g;nt f;;1CtorS that. are consijdered r indud ing i3ffected land S8 (i. is it light S~Hlsitlv~, u~e wherehy sunlight is'19'iH3'3ntoJal to its LJ se? dJIJc31ion (La how many hours per day might SB be in shadow? time of day is it shadow at time of day when sunlight is most i m po ria r,t? e what time of year might pa.rticular use be in shadow? extent (i.e what pelfl.tenta.qe of pariicula: use may be: shadow? 9 · nature of the shadors (i.e. is the shadow solid or more dappled in nature?), and · pre-existing conditi9ns (i.e. are there existing buildings, landscaping or other features that curren~y shadow the use?). The appellant's first c~aim with respect to shadows is that winter afternoon shading of the hotel's tirst-floor outdoor patio, first-floor indoor restaurant, and lower-level hotel room~ should be considered a significant impact pursuant to CEQA. However, whilel unobstructed sunlight during all daylight hours may be considered desirable for these uses, it is certainly not essential for their use and these uses would the~eby not be considered to be light-sensitive receptors pursuant to the City's ICEQA criteria. It should be noted that the patio and restaurant currently exp~rience winter morning shading as a result of the building design (see Attachmentl K) and winter afternoon shading as a result of the hotel's landscaping and walls ~see Attachment L). In addition, staff had an opportunity to regularly visit the out~oor patio at several points during the winter period and it did not appear to receiv~ any regular use during the winter period. The appellants' second Ishadowing claim relates to the third-floor swimming pool (see Attachment M). D~e to the critical importance of sunlight to the use of the pool, the EIR consider~ it to be a light-sensitive use. In its analysis of shadow effects on the pool, the praft EIR miscalculated the distance between the parking structure and pool. T~is miscalculation was corrected in the Response to 10 Comments and the sha~ow analysis revised for the Final EIR (see Attachment T, Appendix F, page 60).1 The appellant has subsequently claimed that the grade differential between the I parking structure and hotel is overstated in the Final EIR and the shadow effect~ are thereby understated. However, even if one were to assume that the analY~iS and calculations contained in the appellant's letter are correct, the diagrams ircluded with the letter do not demonstrate a significant impact pursuant to the fity's CEQA criteria. The diagrams concur with the EIR's analysis and conclusio1 that there is no shadow effect during most of the year, particularly during the ~armer months of summer, fall and spring when the pool is most likely to be enjoted for its sunning opportunities. With respect to winter, ~he appellant's diagrams show that shadows would only encroach upon the po~1 for a limited period during the mid- to late-afternoon hours. In fact, the diag~ms show that most of the winter afternoon shadowing of the pool would be dap~led shading from the trellis structures atop the proposed project. Using the ap~ellant-provided diagrams, Attachment N shows that at 3 p.m. on the winter sqlstice, solid shadows from the roofline of the proposed parking structure do no~ yet reach the pool. It should also be noted with respect to pre-existing shado~ conditions that the pool already experiences winter afternoon shadowing dye to the cluster of large palm trees immediately adjacent to and above the pool, ~s well as the landscaping and walls around the pool area (see Attachment 0.) Cpnsistent with past City practice in environmental review, 11 given the winter seaso~, short shadow duration, nature of the shadows, and pre- existing shadow conditi?ns, such shading would not be considered significant. Impacts on Ocean Views The appellant also claifs that the EIR should consider impacts from the five- story parking structure pn the ocean views from the eight-story hotel. However, the City's environment41 significance criteria only consider obstruction of ocean views from a public. vi+wing area to be significant, not from a private viewing area. Furthermore, npne of the City's policies, including the General Plan Elements, the Civic <{enter Specific Plan, and the Zoning Code, consider protection of private yiews to be a land-use consideration, let alone an environmental consider~tion. The appellant has also stated that they believe this to be a Coastal Act iss~e, However, the Doubletree Hotel is not located within the Coastal Zone andl is therefore not accorded any projection by the Act. Additionally, private vie~s are not considered to be visual resources within the City's Local Coastal Pr~gram Representatives of the Ihotel have stated that the rooms on the 6th, ih and 8th floors are advertised a~ ocean view rooms, Attachment P provides an aerial photograph of the area I from the Doubletree Hotel to the Ocean The rooms in the southwestern-facin~ portion of the chevron-shaped hotel, which look out over the Civic Auditorium ~arking lot and the northern end of the Ocean Park neighborhood toward t~e ocean, are not expected to have view effects as a 12 result of the proposed I project. The rooms on the eastern-facing sides of the hotel are also not expefted to be affected. However, given the proximity of the proposed project to thelexisting hotel, the views from western-facing hotel rooms parallel to Fourth Stree~ are expected to be altered as a result of the project. The roof level of the propo~ed project is 119 feet above sea level, with the parapet extending to 121 '6". E/Ye level for a five-foot tall person on the 6th floor of the hotel is at approximate~y 125', with the view clearing the parapet of the parking structure, although thefe 6th floor views would be partially obstructed by the rooftop trellises and el~vators. Views from the ih and 8th floors are expected to clear the parking structyre without obstruction. Upper-level, western-facing rooms of the hotel look over t~e County Courthouse and over the series of hotels along Ocean Avenue and 4ppian Way and out to the ocean and the horizon approximately one-half !nile from the hotel These rooms also look over City Hall and the RAND north parking lot and down towards Ocean Avenue, the Pier Sign, the southern tip of Pali~ades Park, and the ocean While ocean-horizon views from the upper floors wpuld remain, these downward-facing views are expected to be clipped by the we*ern edge of the parking structure. When the City granted ~ermits for the development of the hotel, it did not by that decision intend to depr~ve all properties in the half-mile area between the hotel and the ocean of their ~evelopment potential. Similarly, it is unrealistic for the hotel to expect that atlsuch a distance from the ocean, their views would be protected from future d~velopment. 13 In fact, just as constru9tion of the hotel likely affected views of properties to the east, development to th~ west of the hotel has occurred that would have affected the hotel's original vie~shed. Since the hotel opened, new development to its west has included Lovte's Hotel, Le Merigot Hotel, and 1733 Ocean Avenue mixed-use office. Thr new RAND Headquarters, which is currently under construction, has a par~pet height of 128'4" above sea level and roof projections to 138' 10" feet. Each ot these development projects has altered or will alter the scope of views availa~le from the hotel, yet the hotel did not raise public objections to these proj~cts The existing CCSP allows for additional mixed-use residential developmen~ to the west of the hotel that would further alter the views from the hotel. While th~ hotel's concerns are certainly understandable, it would be inequitable to elimilnate development potential for properties to the west simply because a buil~ing was built to their east that is tall enough to create ocean views. Similarly, it is difficult t~ define a threshold regarding which existing views might be protected in grantin~ development review permits. In this particular case, the hotel's concerns relatel to the development of an approximately 56-foot high structure that, due to topography and existing building heights, reaches a higher point than many of th~ other buildings between the hotel and the ocean. If properties to the west ~f the hotel were all one-story buildings, the hotel would likely object to any two~story buildings that could block views from the second 14 floor of the hotel makmng it ndea where one dr8W~ the line w:t.h respect to 'A,hlch 113 \l'e 1 of existinq private '/llS!ws should be protested at the expense af nthw properties. Con~itladhg private, commercial vGews to. be protected In the Downtown Civic Ce'ntfv rea the most rban and intensely developed part of Santa Monica, thereby signiflca nt irnplit;:;;:Jtinn", Othl3r Appetlant l~su'9S The appellant has Ailso raised variety of other issues, ndlJdinq puhlic ~coping ae!9ineUc street effer:t~, And appellant-preferred project alternatives, These lssues Ire fu1~y addressed In Fina! JR (Att:J:r:hmant T Section 4 and J\ppendTx F, pages? 60. Project DescriDtiion Tl1e proposed Civic Center Parkinq Structure eonsists of an approximately 880~ e;:pace pUblic p;lJking structure of five le'/el,;; abO\te! grade with r8of'top parking ami one and one-hailf ~evels helow grade, for total of 233,609 ~quare Teet of abov€!- grade parking area In additlQn, 1 321 ~qll~re feet of leasable commercial spaces are included on the first and second levels Brlj:8.cent In Fourth Street and Olympic Drive_ The propost3d height is 55 8" hiqrl with the parapets projecting 4: nches, trelHses pmjEBcting feet, nd ele'/a~o: p.ndn~IJr,g~ projecting feet bove the roof heiqt ~t 1 Following construction ?f the project, the parking structure is proposed to provide public visitor parking i~ the Civic Center area, parking for official City vehicles, and interim replaceme~t parking for downtown employees while the downtown parking structures und~rgo seismic retrofitting and reconstruction. Once the downtown parking program has proceeded to the point that replacement parking is no longer needed, ~art of the Civic Center parking needs that are currently located in the Civic Au~itorium parking lot will be shifted to the parking structure, allowing for the eventyal conversion of the lot to community-oriented uses as outlined in the CCSp, Civic Center Parkinq The Civic Auditorium p~rking lot currently provides the primary parking resources to meet the needs of public and community facilities within the Civic Center, including City Hall, th~ existing police headquarters, County Courthouse, and Civic Auditorium. The ~pproximately 1 ,030-space surface parking lot is generally able to meet the parki~g needs of the public, employees and official vehicles associated with the co~munity facilities when the Civic Auditorium is closed However, when weekdlay events are held at the Civic Auditorium, the lot is insufficient to meet all of these needs. The existing Civic Ce~er Specific Plan (adopted in 1993, amended in 2000) provides for the redev~lopment of the Civic Auditorium parking lot as a public park with associated cqmmunity facilities. The plan prescribes the development 16 of a parking structure ot up to 1,000 spaces on the proposed project site and an additional parking struc~ure of up to 725 spaces along Fourth Street, immediately south of Civic Center IDrive. These two parking structures are designed to replace the parking ~ithin the Civic Auditorium lot while meeting parking demands of new com~unity facilities, including the public park, Public Safety Facility, and the cultura~, community and child care facilities. While the Specific Plan allows for up to 1,000 parking spaces to be developed on the site, 880 spaces represents the ~mount of parking that can be fit within the Specific Plan's development standards! while still providing for street-level tenant spaces and a majority of parking stall~ that are full size. The proposed update t9 the Civic Center Specific Plan, which is currently in draft form, does not include ~e second 750-space parking structure. Rather, parking would be primarily loca~ed underground as part of expanded or new community facilities proposed by ~he draft plan. However, the proposed plan update continues to provide f?r a parking structure of up to 1,000 spaces on the proposed project site. Consequently, this aspect of the Specific Plan would remain unchanged. Proiect Initiation The project is proposedl on the site of an existing City vehicle parking lot that is currently being used for police parking and construction staging for the Public Safety Facility.Withl the Public Safety Facility anticipated to complete 17 construction in mid-20~3, the site will become available for the Civic Center Parking Structure. In anticipation of the i~pending completion of the Public Safety Facility, the City began moving forward I with the preliminary development of the Civic Center Parking Structure in 2p01 Initial steps included City Council approval of a financing plan. In late ~001, the City Council approved a contract for design of the parking structure vfith a design-build team including Moore Ruble Yudell, International Parking qesign, and ARB, Inc. In June 2002, the Civic Center Working Group hosted 1 a public workshop to consider design concepts for the parking structure. Bas+d on the feedback from the workshop, the design-build team developed a de~ign plan that was conceptually approved by the City Council on September 110, 2002 Following construction qf the project, the parking structure is proposed to provide public parking to serv, visitors to the Civic Center, parking for official City vehicles, and interim r,placement parking for downtown employees while the downtown parking struptures undergo seismic retrofitting and reconstruction. Once the downtown Iparking program has proceeded to the point that replacement parking is Ino longer needed in the Civic Center Parking Structure, part of the Civic Cent~r parking needs that are currently located in the Civic Auditorium parking lot ~i11 be shifted to the parking structure, allowing for the 18 eventual conversion o~ the lot to community-oriented uses as outlined in the CCSP. Proiect Desiqn During the concePtuali~ation of the project and the associated public review process, a principle c~nsideration has been how to take a structure that is historically uniform an~ unarticulated by its very nature, and create a visually appealing project that i~ integrated into the relevant urban context. The following describes the approach Ithat meets these goals. One of the key elemen* of the proposed project approach is its foundation in the architectural language I of the Civic Center while introducing contemporary architectural features a~d building materials that grow organically from its context in the Civic Center. This approach allows the parking structure to not only provide an important furyction within the Civic Center (i.e. parking for the adjacent buildings), but also to cqntribute to the physical form and urban fabric of the Civic Center. The north side of the structure is designed with a strong civic presence to reflect its relationship with Cityl Hall and the Public Safety Facility. This civic statement is accentuated through I the use of robust building materials (light-colored, pre- cast concrete) and reqtangular punched openings that are evocative of the facade of City Hall. Th~ northwest corner of the parking structure will be visible 19 from Main Street and th~ lawn of City Hall. The north face of the structure is also designed to incorporatellower-Ievel tenant spaces that will create an active visual interface between the parking structure and Olympic Drive and Fourth Street. These tenant spaces 9ou1d accommodate public-oriented uses such as public service offices, neighborhood-serving retail or a cafe or sandwich shop. The eastern fa9ade of t~e structure is proposed to include variation in the vertical plane and in the use o~ materials in order to create visual interest and break up the massing of the strupture adjacent to Fourth Street. This treatment includes the use of narrow glas~ panels of varying hues that create an articulated visual experience, allow air to Icirculate through the structure, and frame views into and out of the structure. Th~ sections of glass panels are interspersed with sections of off-white, precast conlcrete panels with vertical rectangular openings that relate to the structure's Olym~ic Drive fa9ade, as well as the facades of City Hall and the Public Safety Facili~y. The concrete sections are set back from the glass sections, creating variation in the vertical plane of the structure. This fa9ade also includes 10wer-lev~1 tenant spaces adjacent to Fourth Street and canopies that provide a pedestria~-oriented foundation for the fa9ade. The south face of the parking structure intersperses energy-producing photovoltaic panels wit~ the colored glass panels in order to capitalize on the solar orientation of thi~ facade. The western fa9ade, adjacent to Avenida Mazatlan alley, angles ~hotovoltaic panels to maximize its solar orientation while 20 allowing ocean breez~s to flow through the structure and naturally cool its interior. In compliance with thel CCSP, the project also includes roof-level trellises that support energy-producilng photovoltaic panels in order to screen the rooftop parking, shade the p~rked cars, and generate electricity to help meet the project's needs. General Plan. Civic Ce~ter Specific Plan and ZoninQ Code Consistency Land Use Element Poli~y 1.12.2 states that public lands and facilities within this area east of Main Stree~ will be determined by the policies contained in the Civic Center Specific Plan. SMMC Section Code section 9.04.08.32 (Civic Center District) includes publi9 parking and on-premise accessory uses as permitted uses and states that all property development standards are as established in the Civic Center Specific PI~m. The Civic Center Spec~fic Plan, which was adopted in 1993 and amended in 2000 to reflect the c~ange in location of the RAND Headquarters Project, designated the site for ~he construction of a major public parking facility of up to 1,000 spaces. The CC~P provides specific standards for the parking structure on this site, including lergth, height, ground-level uses, quality of materials, and perimeter trellis struc~ures. The proposed project complies with these 21 requirements, while est+blishing a new standard of quality in the design of public parking in Santa Moni~, as discussed above. Development Review P,rmit 02-010 A Development Reviewlpermit is required for any new development over 30,000 square feet within the qcsP area. The proposed project is 244,930 square feet in size, requiring the ~Ianning Commission to review the project and make applicable findings. Ov~rall, the physical location, size, massing, and placement of the proposed projec~ are compatible with and relate appropriately with the surrounding sites and ~eighborhood. The Civic Center Parking Structure will provide critical parkin~ resources to support adjacent community-serving facilities, including City IHall, the Public Safety Facility, County Courthouse and Civic Auditorium, and till help provide for the eventual conversion of nearby surface parking to conrmunity-oriented uses. The five-level, 55'8", 244,930- square foot building willlhave frontage along Fourth Street and Olympic and Civic Center Drives and will ~e of a scale and massing comparable to the surrounding buildings in the neighb~rhood which range in size from two to eight stories in height and include a yariety of styles and uses. The building will contain pedestrian entrances a~jacent to the three streets and leasable tenant spaces with extensive glazing ~n the first and second levels adjacent to Fourth Street and Olympic Drive in or~er to enhance the structure's pedestrian orientation. 22 Neiqhborhood Compati~.lli!Y The proposed project wpuld provide a major public parking facility that is a critical component in serving t~e parking needs of the adjacent public facilities to allow for the eventual reclam~tion of the Civic Auditorium parking lot for community- oriented uses. The pr?ject's proposed size and height is compatible with the variety of area building~ that are primarily institutional or commercial in use and range in height from three to eight stories, including the eight-story Doubletree Hotel, four-story Public ~afety Facility (under construction), three-story City Hall, five-story RAND Head8uarters (under construction), and eight-story Viceroy Hotel. In addition to the issue~ raised by the appellant, representatives of the County Courthouse have voice~ concerns regarding the project. The County's concerns primarily involve noise ~nd security. Concerns regarding noise relate to potential impacts on Courthouse pperations associated with construction and operation of the parking structure. ~onstruction noise is analyzed in the EIR and mitigation measures are required ~o bring noise to a less than significant level. Although parking and its associated noises have historically occurred on the project site, the EIR also analyzes ~perational noise and finds that any noise impacts on the Courthouse will be I~ss than significant. Security concerns are primarily associated with the sa~ety of judicial staff who park across Avenida Mazatlan alley from the propos~d parking structure site. While security is not an 23 environmental issue, isl an important policy and social issue, and staff from the County and City are m~eting regularly to address the County's concerns. CEQA ANALYSIS An Environmental Imprct Report (EIR) has been prepared for the proposed project in accordance ~ith Section 15087 of the California Environmental Quality Act (CEQA) Guideline.. A Notice of Preparation (NOP) was filed with the California Office of PI~nning and Research and distributed to involved public agencies and intereste~ parties for a 30-day public review period that concluded on July 30, 2002. Co*ies of the Draft EIR were made available for a 45-day public review period, w~ich closed on December 16, 2002. A total of 7 comment letters on the draft EIRI were received These comment letters, as well as the response to comments, I are included in the Final EIR (Attachment T). Details of the significant impacts ~re discussed below. The EIR addresses thel potential environmental effects of the proposed project. The scope of the EIR inpludes environmental issues determined to be potentially significant by the Init~al Study, NOP and responses to the NOP. The environmental analysis,1 particularly in the traffic and circulation section, includes two stages of use of th~ parking structure: the "interim" conditions, when up to 700 parking spaces ir the proposed project are occupied by downtown employees, and the "ul~imate" conditions, once the downtown parking seismic retrofit and reconstructiqn program has progressed to the point that replacement 24 parking is no longer n,eded in the project and a portion of the parking needs currently located in thel Civic Auditorium parking lot are shifted to the proposed project. The environmental stu~y determined that the proposed project would have minimal or no impacts f?r the following eight environmental categories. Because potential effects in the~e impact areas were found not to be significant, further analysis of these impac~s were not required or provided in the EIR: Biological ReSOUfces Cultural Resourc s Mineral Resourc s Economic and S ciallmpacts Population and Housing Hydrology and Water Quality Public Services Recreation The NOP identified po~entially significant effects in the following impact areas associated with the con~truction or operation of the proposed project, which are addressed in detail in th~ EIR: Aesthetics and S adow Effects Construction En ts Land Use and PI nning Neighborhood E ects Utilities, Service ystems, and Energy Air Quality Geology Traffic and Circulation The EIR analyzed th+ issues referenced above and identified potentially significant environment,1 impacts, including site-specific and cumulative effects of the project in accord~nce with the provisions set forth in the CEQA Guidelines. The EIR also recomme~ds feasible mitigation measures, where possible. To be feasible, the mitigation ~easure must eliminate or reduce the adverse effect so that its impact would b~ considered less than significant pursuant to City and 25 CEQA significance Crit+ria, without creating secondary impacts. Significant but mitigatable impacts w,re found in the areas of Aesthetics/Shadow Effects, Construction Effects, G,ology, and Hazards/Hazardous Materials. A brief description of t~e impact and summary of the recommended mitigation measure for these miti~atable impacts is provided in the Summary of Significant Impacts section of the IEIR As discussed below, significant, unavoidable and adverse impacts that I cannot be mitigated are identified by the EIR for Traffic/Circulation and ~eighborhood Effects, as follows: · Traffic/Circulatiorl - unavoidably significant traffic impacts to two intersections, as ""ell as to Fourth Street south of Pico Boulevard. · Neighborhood E1Itects - unavoidably significant traffic impacts to Fourth Street south of P~co Boulevard. Traffic and Circulation It may be helpful to the ICouncil to clarify why traffic impacts are identified in the EIR's analysis, given t~at the project involves the construction of a parking structure that does not $enerally create new automobile trips, but rather involves replacing existing parki~g stalls. Impacts identified under the "interim conditions" scenario are specificall~ associated with a portion of downtown employees who are expected to reach ~he Civic Center Parking Structure using routes that are slightly varied from th~ir current routes. The change in routes results in significant impacts relat,d to Levels of Service (LOS) and volume/capacity ratios at three of the 35 inters~ctions studied: 26 · Ocean Avenue/~eilson Way and Pico Boulevard, · Pico Boulevard nd Fourth Street, and · Fourth Street an 1-10 On-ramp. While these impacts ~ould only occur during the temporary period, they are considered significant d~ring that period. The intersection of Fourth Street and 1- 10 On-ramp is also s~own to be significantly impacted during the "ultimate conditions" scenario. this is also related to shifting of existing trips as more parkers take advanta9f of the parking structure's adjacency to the freeway. While this shift redupes traffic on other Santa Monica roadways and intersections, it does cr~ate a significant impact at the Fourth Street intersection with the freeway on-ranlp. A mitigation measure i~entified for the intersection of Ocean Avenue/Neilson Way and Pico Boulevarp would reduce the significant impact that was identified under interim condition$ to a less than significant level. However, the adverse traffic-related environm~ntal impacts identified at the other two intersections cannot be feasibly miti~ated as physical constraints would require narrowing or eliminating sidewalks qr encroaching upon adjacent properties to implement mitigation. These miti~ation measures would themselves result in significant negative impacts to thel area and impact the neighborhood context. Narrowing sidewalk widths or elIminating sidewalks adversely affects the pedestrian environment by reducin~ the walking area for pedestrians, including pedestrians going to and coming f~om Santa Monica High School, and potentially forcing pedestrians into the str~et. Encroachments on adjacent properties would involve 27 removing part of the ~UbIiC Safety Facility, the commercial properties on the south side of Pico Boul~vard, or the Santa Monica High School Track and Field, or removing landscapin~ adjacent to the Doubletree Hotel or the Civic Auditorium Parking Lot. Remova~ of landscaped parkways would negatively affect the pedestrian environmentl by removing adjacent green space that provides shading and visual relief. Re~oval of parts of community facilities would negatively impact the facilities' ~bility to provide public services. Removal of parts of commercial buildings o~ Pico Boulevard would negatively affect the interest and variety of the pedestriary experience on that street, as well as impact the viability of the existing business~s. Such widening of streets to accommodate additional vehicle trips is contrary ICity policy where the preservation of neighborhoods and the pedestrian environnient is highly valued. The neighborhood traffif impacts identified in the EIR are specifically associated with the approximatel~ 11,321 square feet of street-level leasable spaces proposed for the structure. As the specific use of these spaces cannot be identified at this time, th~ EIR uses the most conservative analysis and assumes that the space will be ~sed for retail use, which is associated with a relatively high traffic generation r~te. Given the nature of Fourth Street in this area, it is unlikely that the street-I,vel spaces would have much appeal to destination retail tenants. If retail ten~nts were to occupy the space, they would likely be neighborhood-serving u~es specifically associated with pedestrian trips from City Hall, the County Court~ouse, or the Public Safety Facility. Other likely uses 28 would be pllblic:~sefVingl governmental nffkes that are '3!ready located in the Civic Center In either case, the new tdps associab,!d with these tenant spaces would be minimal in spite of the Iik@ly lJiSE:~S of the tenant space the tr.affic nalysis uses the most CmlCiel'\l~trlJA .::In~jys[s and identifies signiflcant neighborhood traf'fic; impacts on hvo segments of Fourth Street, south of Pica BOLllievard The significant neighborhood traffic cannot be mitigated as tr3fi'iC~C::3hTit1g measures have already been implemented on FOI.Jrth Street To be effectbJe in further mrlucing raS:B-through trame. any additional traffic-calming measures would likely consist of divertlPlfS or partial Or street closures, Such measures would Ukely ihaw~ unintended adverse consequences nn ather paralllel local streets, if traffic shiifted from Fourth Street to other streets and traffiic ~mpa(:.ts. negative n~ighborhond lf1e full discussion of traffic impacts and miUgatiol1 measures can be found in Section 4.9 am:!! Apoendlix to the R Neighborhood Im~.Q..~ Tl1e ~ignifjr:ant and unavoidable n13lgrlborhoorJ impacts identified: in the EIR are a.5S0~ir::lt,Bd with rnedghl"liorhonrl traffic impacts on Fourth Street, south: of Pico Boul~\/.Elrrj, as discussed above 29 Proiect Alternatives. CEQA requires that ~n EIR evaluate alternatives to the proposed project, including a "No Projec~" alternative. Because an EIR must identify ways to mitigate or avoid the I significant effects that a project may have on the environment, the discu~sion of alternatives focuses on changes to the project or the project location thatl are capable of achieving the objectives of the proposed project while avoiding o~ substantially lessening any significant effects associated with the project. Howe~er, only feasible alternatives need be studied. Among the factors that may bf taken into account when addressing the feasibility of alternatives are site s~itability, economic viability, availability of infrastructure, general plan consiste~cy, other plans or regulatory limitations, jurisdictional boundaries, and whet~er the proponent can reasonably acquire, control or otherwise has access to! the alternative site. The following four alter~atives to the proposed project were analyzed in the EIR in compliance with CEQfA, requirements: . No Project: und~r this alternative, the Civic Center Parking Structure would not be con~tructed and the site would remain a surface parking lot. . Proposed proje~ with Rooftop Community Room: this alternative is essentially the s me as the proposed project, with the addition of a 2,500- square foot com unity room on the rooftop of the parking structure; this alternative would require an amendment to the Civic Center Specific Plan. · Substitute Site: uf,der this alternative, the parking structure would be built on a site on 0 ean Avenue, north of the Pacific Shores Hotel; this alternative would require an amendment to the Civic Center Specific Plan. 30 · Two Garages: ~under this alternative, the parking would be divided between the pro osed site and the substitute site referenced above; this alternative would require an amendment to the Civic Center Specific Plan. The EIR determined t~at the No Project Alternative would be considered the environmentally super~or alternative. Implementation of the No Project Alternative would not m~et the project objectives of providing adjacent parking to support City Hall, C~unty Courthouse, Public Safety Facility and Civic Auditorium, creating net-' parking resources to allow for the eventual conversion of surface parking to cofmunity-oriented uses, and serving as temporary parking to support the downtofn parking seismic retrofit and reconstruction program. Among the remaininQ alternatives, the "Proposed Project with Rooftop Community Room" aRpears to be superior overall, as it involves some improvement in neighbprhood impacts, and involves fewer increased impacts than the other alternativ~s. While the "No Project Alternative" is considered to be superior overall, the pr?posed project appears to be superior to the remaining alternatives. Representatives of the I Doubletree Hotel have suggested a project alternative that would involve remoying the top levels of the parking structure. While such an alternative could prese~e a greater scope of the hotel's views, this is not an environmental issue o~ a land-use policy issue, as discussed in the appeal analysis above. Additifmally, a significantly reduced project would clearly not meet the project and ~pecific Plan objective of developing an efficient public 31 parking structure that pan eventually replace surface parking within the Civic Center. Statement of Overridinq Considerations In order to approve the Iproject, the City Council must certify the EIR and adopt a statement of overriding Iconsiderations. A statement of overriding considerations is a finding by the City ICouncil that the benefits of a proposed project outweigh the unavoidable adve~e environmental impacts. Staff recommends that a statement of overriding ponsiderations is warranted for the following reasons: · The Civic cent~ Parking Structure will support key community facilities, including City H II, the County Courthouse, the Public Safety Facility and the Civic Auditor um, by providing parking for automobiles and bicycles of the public and e ployees, as well as parking for official vehicles. · The Civic centeJParking Structure provides a major new parking resource to allow for the ventual redevelopment of surface parking in the Civic Center area fo public-serving parks and community facilities, as prescribed by th Civic Center Specific Plan for this site. · Land Use Element Policy 1 .11 prescribes the provision of land for parks and other public facilities adequate to meet future needs. The project supports this po icy of the Land Use Element by consolidating surface parking into stru tures to allow for the eventual redevelopment of surface parking in the Ci ic Center area for parks and community facilities. · Land Use Eleme~t Policy 1.12.2 provides for the use of public lands and facilities within t is area to be determined by the Civic Center Specific Plan. The proj ct supports this policy of the Land Use Element by complying with th requirements of the Civic Center Specific Plan. The traffic and t ansportation impacts to Fourth Street / Pico Boulevard and Fourth Stre / 1-10 Eastbound On-ramp under the interim conditions are temporary i nature and are not expected to continue beyond the interim period uring which certain downtown parking needs are temporarily shifte to the Civic Center Parking Structure. 32 · The traffic and t nsportation impact at Fourth Street /1-10 Eastbound On- ramp under the Itimate conditions is related to shifting of existing trips as more parkers ta e advantage of the parking structure's adjacency to the freeway. This s ift reduces traffic on other Santa Monica roadways and intersections. · The traffic and t nsportation impact on Fourth Street south of Pico under the ultimate con itions is specifically associated with any destination retail or restaurant us of the street-level leasable space in the parking garage. As these uses a e expected to be neighborhood-serving or public-service functions, these raffic impacts would be reduced. · The significant ~nd unavoidable traffic impacts on Fourth Street south of Pico consists 0 only 16 additional daily trips on weekdays and 19 additional daily t ps on Saturdays. SUMMARY AND CONqLUSION The Civic Center Parki~g Structure is an important public project that represents a critical step in the rev~talization of the Civic Center, as well as a new approach to creating visually inte~sting and physically integrated public parking structures in Santa Monica. The I project creates opportunities for reclamation of surface parking in the Civic Certer for community-oriented uses, as well as supporting the seismic safety of pu~lic parking in the Downtown. Staff recommends that the City Council approve the Development Review Permit for the Civic Center Parking Structure. BUDGET / FINANCIAL lMPACT The recommendation p~esented in this report does not have any budget or fiscal impact. 33 RECOMMENDATION It is recommended thatl the City Council take the following actions: 1 Adopt the resolutio~ contained in Attachment Q certifying Final Environmental Impact Report 02EIR003; 2. Adopt the resolutioln contained in Attachment R approving a Statement of Overriding Conside1ation and Mitigation Monitoring Program; and 3. Deny the appeal an~ approve Development Review Permit 02DR-010. DEVELOPMENT REVII=W PERMIT FINDINGS 1. The physical locatio ,size, massing, and placement of the proposed structure on the site and the location of the proposed uses within the project are compatible with and relate harmoniously to the surrounding sites and neighborhoods, in tha the Civic Center Parking Structure will provide critical parking resources to s pport adjacent community-serving facilities, including City Hall, the Public Safety acility, County Courthouse and Civic Auditorium, and will help provide for the ev ntual conversion of nearby surface parking to community- oriented uses. The ive-Ievel, 55'8", 244,930-square foot building will have frontage along Fourth treet and Olympic and Civic Center Drives and will be of a scale and massing comparable to the surrounding buildings in the neighborhood which ra ge in size from three to eight stories in height and include a variety of styles and ses, including the eight-story Doubletree Hotel, four-story Public Safety Facility ( nder construction), three-story City Hall, five-story RAND Headquarters (under c nstruction), and eight-story Viceroy Hotel. The building will contain pedestrian entrances adjacent to the three streets and leasable tenant spaces with ext nsive glazing on the first and second levels adjacent to Fourth Street and Oly pic Drive in order to enhance the structure's pedestrian orientation. 2. The rights-of-way ca accommodate autos and pedestrians, including parking and access, in that th design of the Civic Center Parking Structure provides pedestrian access fro Olympic Drive, Fourth Street and Civic Center Drive. Bus access will continu to be provided from Fourth Street at Civic Center Drive. Direct vehicular access will be provided from Avenida Mazatlan alley in order to limit the potential for c ngestion and pedestrian interference on Olympic Drive, Fourth Street, and Civi Center Drive. 3. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient tp accommodate the new development, in that the Civic 34 Center Parking Structure is located within an urbanized area that is already served by existing infr~structure. No new safety services or public infrastructure will be required by th1s project, and the project will enhance the provision of public safety services by providing additional secured parking for the Public Safety Facility. 4. Anyon-site provision of housing or parks and public open space, which are part of the project mitigation measures required by Subchapter 9.04.70 and Section 9.04.10.12 of t~e Santa Monica Zoning Ordinance, is satisfactory to meet the goals of the mitigation program, in that no such requirement is applicable to the construction of the Civic Center Parking Structure. 5. The project is gen,rally consistent with the Municipal Code, Civic Center Specific Plan and General Plan, in that the Civic Center Parking Structure is being constructed as ~pecifically designated and called for in the Civic Center Specific Plan in order ~~ allow for the consolidation of surface parking lots in the Civic Center area into I structured parking in order to allow for more intensive, community-oriented use of that land. 6. Reasonable mitiga~ion measures have been included for most adverse impacts identified in t~e Environmental Impact Report and a Statement of Overriding Consideratidns has been adopted in consideration of those significant impacts that cannot be fnitigated to a level of insignificance. CONDITIONS OF APP~OV AL (DR02-010) Plans 1 The approval is ~r those plans dated February 19, 2003, a copy of which shall be maintai ed in the files of the City Planning Division. Project development sh II be consistent with such plans, except as otherwise specified in thes~ conditions of approval. The plans shall ~mPIY with all other provisions of Chapter 1, Article IX of the Municipal Co e (Zoning Ordinance) and all other pertinent ordinances and General Pia policies of the City of Santa Monica. Final parking layout and specifications shall be subject to review and approval of the Transportation Management Division. 2. 3 4 Minor amendme ts to the plans shall be subject to approval by the Director of Plan ing and Community Development. A significant change in the approved oncept shall be subject to Planning Commission Review. Construction sh II be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Plannlng and Community Development. 35 Architectural Review Board 5 Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements. 6 Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact the Department of Environmental and Public Works Management regarding urban runoff plans and calculations. 7. Construction period signage shall be subject to the approval of the Architectural Review Board. 8. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to the review and approval by the Architectural Review Board. 9. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orientation and amenities; scale and articulation of design elements; exterior colors, textures, and materials; window treatment; glazing; and landscaping. 10 As appropriate, the Architectural Review Board shall require the use of anti-graffiti materials on surfaces likely to attract graffiti. 11 Landscaping plans shall comply with Subchapter 5B (Landscape Standards) of the Zoning Ordinance including the use of water-conserving landscaping materials, landscaping maintenance and other standards contained in the Subchapter. 12. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Sections 9.04.10.02.130 through 9.04.10.02.150. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board, in its review, shall pay particular attention to the screening of such area and equipment. Any rooftop mechanical equipment shall be minimized in height and visual 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. 36 Demolition 13 Street trees shall be maintained, relocated, or provided as required in a manner consistent with the City's Community Forest Management Plan 2000, per the specifications of the Open Space Management Division of the Community and Cultural Services Department. No street trees shall be removed without the approval of the Open Space management Division. 14 Immediately after demolition of the parking lot and during construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance (8'), shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. Mesh fabric shall be installed on the fence to reduce the amount of dust leaving the site. 15. Prior to the issuance of any demolition of construction permits, a demolitions materials recycling plan, which seeks to maximize the reuse / recycling potential of existing building materials, shall be filed for approval by the Department of Environmental and Public Works Management. Until such time as demolition is undertaken, and unless the parking lot is currently in use, the existing parking lot shall be maintained and secured by 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. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to ensure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. 18 No demolition of buildings or structures 40 years or older shall be permitted until the end of a 50-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no demolition shall be approved until a final determination is made by the Landmarks Commission on the application. Construction 37 Unless otherwise approved by the Department of Environmental and Public Works Management, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 20. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project, as determined by the Department of Environmental and Public Works Management, shall be constructed to the satisfaction of the Department of Environmental and Public Works Management prior to issuance of the building permits. 21. 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. 22, A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program. 24. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy. Environmental Mitigation 25, Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6-gallon toilets and 1.0-gallon urinals and low-flow showerhead.) 26, To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of Environmental and Public Works Management for its approval. The recycling plan shall include: 1) list of materials such a white paper, computer paper, metal cans, and glass to be recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4) nature and extent of internal and external pick-up service; 5) pick-up schedule; 6) plan to inform tenants / occupants of service. 38 27. To mitigate storm water and surface run-off from the project site, an Urban Runoff Mitigation Plan may be required by the Department of Environmental and Public Works Management (EPWM) pursuant to Municipal Code Chapter 7.10. Applicant shall contact EPWM to determine applicable requirements, which include the following: · Non-stormwater runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site; · Any sediments or materials which are tracked off site must be removed the same day they are tracked off site; · Excavated soil must be located on the site and soil poles should be covered and otherwise protected so that sediments do not go into the street or adjoining properties; · Washing of construction or other vehicles shall be allowed adjacent to a construction site. No runoff from washing vehicles on a construction site shall be allowed to leave the site; · Drainage controls may be required depending on the extent of grading and topography of the site; · New development is required to reduce projected runoff pollution by at least twenty percent through incorporation of design elements or principles, such as increasing permeable surfaces; diverting or catching runoff via swales, berms, and the like; orientation of drain gutters toward permeable areas; modification of grade; use of retention structures; and other methods. Pursuant to Mitigation Measure AES-2(a), the applicant shall design exterior building lighting to ensure that no light projects on adjacent sites. Exterior lighting shall incorporate "cut-off' shields as appropriate to prevent an increase in lighting at adjacent and nearby uses. 29. Pursuant to Mitigation Measure AES-2(b), landscape illumination and exterior sign lighting shall be accomplished with low-level, unobtrusive fixtures. Such lighting shall be shielded to direct light pools away from off- site viewers. 30. Pursuant to Mitigation Measure AES-2(c), finish materials, including glazing, shall be of a low reflectivity to minimize glare. Development shall include low-reflective roofing materials to reduce glare potential for nearby development that may have downward views of the project's roof. Pursuant to Mitigation Measures CON-1 and CON-3(d), the applicant shall prepare and implement a Construction Impact Mitigation Plan to provide for traffic and parking capacity management and construction mitigation during construction. The plan shall be subject to review and approval by the Departments of Environmental and Public Works Management and Planning and Community Development prior to issuance of a building 39 permit. The approved construction plan shall be posted on the construction site for the duration of the project construction and shall be produced upon request. The plan, at a minimum, shall include the following: · Names, addresses, telephone numbers and business license numbers of all contractors and subcontractors, as well as the developer and architect; · A telephone number for local residents to call to submit complaints associated with construction noise; the number shall be posted on the project site and shall be easily viewed from adjacent public areas; · A description of how demolition of any existing structures is to be accomplished; · Where any cranes are to be located for erection / construction; · How much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with the construction; · Anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; · Approval from the City, or Caltrans if nE::lcessary, must be obtained for any construction detours or construction work requiring encroachment into public rights-of-way, or any other street use activity (e.g. haul routes); · Scheduling and expediting of work to cause the least amount of disruption and interference to the adjacent vehicular and pedestrian traffic flow. Weekday daytime work on City streets shall primarily be performed between the hours of 9:00 AM and 3:00 PM; · Limiting of queuing of trucks to on-site and prohibition of truck queuing on area roadways; · Scheduling of preconstruction meetings with affected agencies to properly plan methods of controlling traffic through work areas; · Timely notification of construction schedules to all affected agencies (e.g. Police Department, Fire Department, Department of Public Works, Department of Planning and Community Development, Los Angeles County Superior Court, Los Angeles County Sheriff's Department, and transit agencies); · Coordination of construction work with affected agencies five to ten days prior to start of work; · A traffic control plan for the streets surrounding the work area, which includes specific information regarding the project's construction and activities that will disrupt normal traffic flow; · The extent and nature of any pile-driving operations; · The length and nature of any tiebacks which must extend under the property of other persons; · The nature and extent of any dewatering and its effect on any adjacent buildings; · The nature and extent of any helicopter hauling; 40 · Whether any construction activity beyond normally permitted hours is proposed; · Any proposed construction noise mitigation measures; · Construction-period security measures including any fencing, lighting and security personnel; · A drainage plan; · A construction-period parking plan which shall minimize the use of public streets for parking; · A designated on-site construction manager; · A construction materials recycling plan which seeks to maximize the reuse / recycling of construction waste; · A plan regarding the use of recycled and low-environmental-impact materials in building construction; · A construction period water runoff control plan · A public information program to advise motorists of impending construction activities (e.g. media coverage, portable message signs, and information signs at the construction site); · Minimizing dirt and demolition material hauling and construction material delivery during the morning and afternoon peak traffic periods and cleaning of streets and equipment as necessary; · Storage of construction material and equipment within the designated work area and limitation of equipment and material visibility to the public; and · Provision of off-street parking to workers that currently use the existing site, Civic Auditorium parking lot, and construction employees, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City of Santa Monica. 32. Pursuant to Mitigation Measure CON-2(a), during construction, dust generated by the development activities shall be kept to a minimum with a goal of retaining dust through implementation of the following: · During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. Provisions shall be made prior to and during watering to prevent runoff from leaving the site. · During clearing, grading, earth moving, excavation or transportation of cut of fill materials, streets and sidewalks within 150 feet of the site perimeter shall be swept and cleaned a minimum of once daily; · 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. 4.1 33. Pursuant to Mitigation Measure CON-2(b), during construction, any construction equipment used on the site must meet the following conditions in order to reduce NOx emissions: · The number of pieces of equipment operating simultaneously must be minimized through efficient management practices; · Construction equipment must be maintained in tune per manufacturer's specifications; · Equipment shall be equipped with 2 to 4-degree engine timing retard or precombustion chamber engines; · Catalytic converters shall be installed, if feasible; · Diesel-powered equipment such as booster pumps or generators should be replaced by electric equipment, if feasible; and · Limiting the operation of heavy-duty construction equipment (e.g. 175-HP forklifts, wheeled tractors, tracked tractors) to no more than five pieces of equipment at anyone time. 34. Pursuant to Mitigation Measure CON-2(c), low-VOC architectural coatings shall be used in construction whenever feasible and shall coordinate with the SCAQMD to determine which coatings would reduce VOC emissions to the maximum degree feasible. 35. Pursuant to Mitigation Measure CON-3(a), during construction, all diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers. 36. Pursuant to Mitigation Measure CON-3(b), during construction, electrical power shall be used to run air compressors and similar power tools. 37. Pursuant to Mitigation Measure CON-3(c), for all noise-generating construction activity on the project site, additional noise attenuation techniques shall be employed to reduce noise levels to City of Santa Monica noise standards, such techniques shall include, but are not limited to, the use of sounds blankets on noise-generating equipment and the construction of temporary sound barriers between construction sites and nearby sensitive receptors. 38. Pursuant to Mitigation Measure GEO-2, a geotechnical study shall be prepared for the project site, prior to site development. This report shall include an analysis of the liquefaction potential of the underlying materials. If the site is found to be prone to seismically induced liquefaction, appropriate techniques to minimize liquefaction potential shall be prescribed and implemented. If found to be necessary, suitable measures to reduce liquefaction impacts could include, but are not limited to: · specialized design of foundations by a structural engineer; 42 · removal or treatment of liquefied soils to reduce the potential for liquefaction; · drainage to lower the groundwater table to below the level of liquefiable soils; · in-site densification of soils; or · other alterations to the ground characteristics. Any recommended measures to minimize liquefaction potential specified by the geotechnical study shall be fully implemented in accordance with Uniform Building Code and California Building Code requirements. 39. Pursuant to Mitigation Measure GEO-3(a), the geotechnical study shall include an evaluation of the potential for slope stability at the site. The information obtained shall be used to design the excavation and excavation shoring to prevent destabilization of the excavation sidewalls. Any recommendations contained in the geotechnical report shall be fully implemented. Pursuant to Mitigation Measure GEO-3(b), the parking lot design shall consider a mechanism of removing groundwater, if it is shown to be present at this site. The groundwater removal design shall consider historical ranges in depth to groundwater. The removal system shall be designed to prevent the parking garage from flooding. Pursuant to Mitigation Measure GEO-3(c), all walls of the parking structure shall be waterproofed to protect against corrosive effects of water contact. 42. Pursuant to Mitigation Measure GEO-4, Prior to issuance of a building permit for the foundation or superstructure, whichever occurs first, soil samples of final sub-grade areas and excavation sidewalls shall be collected and analyzed for their expansion index. For areas where the expansion index is found to be greater than 20, the appropriate grading and foundation designs shall be engineered to withstand the existing conditions. The expansion testing may be foregone if the grading and foundations are engineered to withstand the presence of highly expansive soils. Pursuant to Mitigation Measure HHM-1 (a), all earth-moving contractors shall be directed to be aware of the possibility of contaminants during site grading. If contaminants are suspected, soil samples are to be obtained and analyzed to determine whether there are contaminants, and if present, to determine the type and concentrations of contaminants. The sample results are to be used to make a determination as to where to transport the material for off-site disposal, or to determine if the soils can be used onsite. 43 44. Pursuant to Mitigation Measure HHM-1 (b), if contaminants are detected, the results of the soil sampling within the Phase II ESA shall be forwarded to the local regulatory agency (City of Santa Monica Environmental Program Division, Los Angeles Regional Water Quality Control Board, and/or the State of California Environmental Protection Agency Department of Toxic Substances Control). The agency should review the data and either sign off on the property or determine if any additional investigation or remedial activities are deemed necessary. 45. Pursuant to Mitigation Measure T-2, prior to issuance of a certificate of occupancy, the City shall modify the intersection striping at Ocean Avenue/Neilson Way & Pico Boulevard to provide a protected phase for the westbound left-turn movement. Implementation of this measure would necessitate the provision of some combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads. Miscellaneous Conditions 46. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 47. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities or other actions. 48. Street and alley lighting shall be provided on public rights-of-way adjacent to the project if and as needed per the specifications and with the approval of the Department of Environmental and Public Works Management. 49. 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. 50, Final building plans submitted for approval of a building permit shall include on the plans a list of all mechanical equipment to be place outdoors and all permanent mechanical equipment to be place indoors which may be heard outdoors. 51. Prior to issuance of a Final Inspection, the application shall post a notice at the building entry stating that the site is regulated by a Development Review Permit (DR02-003) and that the Statement of Official Action, which 44 includes the establishment's conditions of approval, is available upon request. This notice shall remain posted at all times the establishment is in operation. Special Conditions In order to ensure maximum pedestrian-orientation and accessibility and high quality in the appearance and maintenance of the project, landscaping is prohibited within or adjacent to the sidewalks of Fourth Street. 53. In order to screen the rooftop parking from view and comply with the Civic Center Specific Plan, the rooftop trellis structures shall be supported from the perimeter of the project. In order to maintain the overall parking capacity, efficiency and design intent of the project, the dimensions of each level of the project shall maintain a minimum width of 127 feet and a minimum length of 340 feet. Validity of permits 55. 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 issues until such violation has been fully remedied. 56. Within ten days of City Council transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the Planning and Community Development Department, agreeing to the Conditions of Approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning and Community Development Department. Failure to comply with the condition shall constitute ground for potential permit revocation. 57, The approval of DR02-010 shall expire if the rights granted are not exercised within twenty-four months from the permit's effective date. Exercise of rights shall mean issuance of a building permit to commence construction. However, the permits shall also expire if the building permit expires, if the final inspection is not completed or a Certificate of Occupancy is not issued within the time periods specified in SMMC Section 8.08.060. One six-month extension may be permitted if approved 45 by the Director of Planning. Applicant is on notice that time extensions may not be granted if development standards relevant to the project have changed since project approval. Monitoring of Conditions 58. Pursuant to the requirements of Public Resources Code Section 21081.6, the City Planning Division will coordinate a monitoring and reporting program regarding any required changes to the project made in conjunction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects on the environment. This program shall include, but is not limited to, ensuring that the Planning Division itself and other City divisions and departments such as the Building Division, the Environmental and Public Works Management Department, the Transportation Management Division, the Fire Department, the Police Department, the Community and Cultural Services Department and the Finance Department are aware of project requirements which must be satisfied prior to issuance of a Building Permit, Certificate of Occupancy, or other permit, and that other responsible agencies are also informed of conditions related to their approval. Project owner shall demonstrate compliance with conditions of approval in a written report submitted to the Planning Director and Building Officer prior to issuance of a Building Permit or Certificate of Occupancy, and, as applicable, provide periodic reports regarding compliance with such conditions. Prepared by: Suzanne Frick, Director, PCD Andy Agle, Assistant Director, PCD Attachments: A. Planning Commission Statement of Official Action B. Minutes of the March 5, 2003 Planning Commission Meeting C. Appeal Statement D. Not Used E. Design Alternatives; Variation in Street-Level Awning and Southern Gateway Element F. Design Alternative Options for Street-Level Landscaping G. Design Alternative: Relocation of Rooftop Trellis H Design Alternative: Roof-Level Stepback Not Used J. Not Used K. Current Winter Morning Shadowing of Doubletree Hotel Patio L. Current Winter Afternoon Shadowing of Doubletree Hotel Patio M. Doubletree Hotel Swimming Pool Location 46 N. Appellants 3 p.m. Winter Solstice Shadowing Diagram, with Trellis Shadow Annotated by Staff O. Existing Winter Afternoon Shadows on Doubletree Hotel Swimming Pool P. Aerial Photograph of Area between Doubletree Hotel and Pacific Ocean Q. Resolution Certifying the Final EIR R. Resolution Adopting a Statement of Overriding Consideration and Mitigation Monitoring Program S. Project plans, photos of surrounding sites, and contextual photosimulations T. Final EIR 47 ATTACHMENT F CITY COUNCIL STAFF REPORT OF SEPTEMBER 9.2003 PCD:SF :AA: F:\PLAN\ADMIN\CIVCTR\CCPARKING\CC APPEAL \COMMROOMREPORT .DOC Council Meeting: August 12, 2003 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Civic Center Parking Structure Community Meeting Room INTRODUCTION This report recommends that the City Council give direction to staff on the location of a community meeting room within the proposed Civic Center Parking Structure. BACKGROUND On May 20, 2003, the City Council upheld the Planning Commission's approval of Development Review Permit 02-010 for the Civic Center Parking Structure. As part of its approval, the Council required the inclusion of a community meeting room of no more than 2,500 square feet within the project. Prior to moving forward with design development and Architectural Review Board review, staff is requesting direction from Council, in its proprietary role as "project owner", on the location of the community meeting room. DISCUSSION In its previous discussion, the Council considered two primary locations for the community meeting room - the fifth level and the street level facing Olympic Drive. Issues regarding the location of the community meeting room, including acoustic isolation, loss of parking and costs, are discussed below and summarized in Exhibit A. Under either scenario, the roof height of the parking structure would be the same as originally proposed, as neither 1 option adds height to the structure. Acoustics I Vibration and Loss of Parking At both the fifth level and the street level, the community meeting room would require enhanced acoustical measures to shield the room from the noise effects of the surrounding parking structure. An additional concern is protecting the room from the vibration effects of the parking structure. Because both of the potential meeting room locations have parking above, below and adjacent to the room, some structural isolation of the space would be necessary to address vibration effects. To address noise and vibration impacts on a potential community meeting room, the design-build team, in concert with an acoustical design consultant, has prepared and evaluated two isolation approaches at each location, including a "partial isolation" approach that would reduce most acoustic and vibration impacts and a "full isolation" approach that would eliminate all acoustic and vibration impacts from the parking structure. The first isolation approach involves partial separation of the meeting room using a floor, ceiling and walls that are separated (or "floating") from the main structure. In order to accommodate the partial isolation while providing functional ceiling height for the space, the parking area immediately above the street-level room would need to be removed, resulting in a loss of 12 parking spaces (see Exhibit B). If partial isolation were applied to a meeting room at the fifth level, the parking area immediately below the fifth-level room, as well as the parking area where the meeting room sits, would need to be removed, resulting 2 in a total loss of 25 parking spaces. Partial isolation would reduce most of the noise and vibrational impacts on the meeting room; however, certain types of automobile stopping and turning movements could result in residual vibrations in the space (see Exhibit C). Vibrational impacts could be further reduced through full structural isolation of the community room. This approach involves creating a completely separate structural system to support the community room; in effect, two separate buildings. Such an approach has been used for extremely noise sensitive uses such as concert halls that are constructed in conjunction with parking structures. Implementing full isolation for a street-level meeting room would eliminate parking areas of the room's approximate footprint on the three levels below and one level above the meeting room, resulting in a loss of 39 parking spaces (see Exhibit D). At the fifth level, full isolation would eliminate parking areas of the same footprint on all levels of the parking structure, resulting in a loss of 79 spaces (see Exhibit E), Costs As discussed at the May 20, 2003 Council meeting, adding a meeting room to the parking structure in any location would result in increased capital and operating costs associated with the project. The increased capital costs would vary based on the location and method of isolation employed. A partially isolated, street-level meeting room is the least costly approach, as exterior construction, glazing and other fac;ade treatments, HVAC and plumbing connections, and some partial structural isolation measures had already been 3 planned for the street level of the parking structure. Locating a partially isolated meeting room at the fifth level is projected to add an additional $210,000 in capital costs due to exterior construction, glazing, and additional fa<;ade treatments at that level and the costs to extend HV AC and plumbing from the street level. A fully isolated meeting room at the street level is projected to cost approximately $1 00,000 more than a partially isolated room at that level. The additional costs are primarily related to the construction impacts of constructing a separate structural system, offset by the savings in parking decks above and below. Locating a fully isolated meeting room at the fifth level would add an additional $180,000 (compared to a fully isolated room at street level) due to exterior construction, glazing, and additional fa<;ade treatments at that level and the costs to extend HV AC and plumbing from the street level. Costs for interior construction, tenant improvements, furniture, fixtures and equipment, and operations are expected to be similar under any of the four scenarios. Other Considerations In addition to construction costs and loss of parking, other issues should be considered with respect to the location of the community room. County Courthouse staff has expressed security concerns about the creation of a significant public amenity at the upper levels ofthe parking structure that looks down upon the Courthouse property. County staff has also expressed preference for the currently proposed primary parking entrance at the 4 far northern end of Avenida Mazatlan alley, away from the courthouse judges' parking exit. Under the full-isolation scenarios, primary access to the parking structure would move farther to the south and in closer proximity to the judges' parking exit. In the event the parking structure space does not prove to be well-utilized as a community meeting room, alternative uses of the space could be considered. At the street level, the room could serve as retail, restaurant or public service offices. At the upper level, the space is unlikely to be viable as a commercial use, though it could potentially be used for public service offices. An additional consideration is the opportunity cost of the parking spaces not built in the parking structure as a result of the community room. In order to provide for full implementation of the Civic Center Specific Plan, existing surface parking resources are to be replaced in above- and below-grade structures, with the Civic Center Parking Structure providing a major resource. To the extent fewer spaces are constructed in the present project, more spaces would need to be constructed elsewhere, likely underground. With a rough cost of approximately $30,000 per underground parking space, the parking opportunity cost of the community meeting room ranges from $360,000 (12 spaces at $30,000 each) to $2,370,000 (79 spaces at $30,000 each). Summary Staff recommends the street-level, partially isolated approach to the community meeting room due to its small impact on parking, cost efficiency, congruence with the County's 5 perceptions of safety, external and internal pedestrian access points, and alternative use options. CEQA Analysis The Final EIR for the Civic Center Parking Structure analyzed the inclusion of a rooftop community room as an alternative. The Final EIR concluded that this alternative was essentially the same as the proposed project and would either result in no additional environmental impacts or result in impacts similar to the proposed project. Siting the community room at the fifth level or the street level, as opposed to the rooftop, would not alter this conclusion NEXT STEPS The project will go before the Architectural Review Board and California Coastal Commission before returning to Council for award of a Guaranteed Maximum Price contract amendment with the Design-Build Team. If these steps proceed as expected, construction could begin in Spring 2004. BUDGET/FINANCIAL IMPACT Selection of a location for the community room will affect the projected cost of the parking structure as noted in Exhibit A Any additional appropriations necessary to fund the community room would be considered in concert with award of a Guaranteed Maximum Price contract amendment. 6 RECOMMENDATION It is recommended that the City Council direct placement of a partially isolated community meeting room at the street level of the proposed Civic Center Parking Structure. Prepared by: Gordon Anderson, Assistant City Manager Suzanne Frick, Director, Planning and Community Development Andy Agle, Assistant Director, Planning and Community Development Exhibits: A. Summary of Meeting Room Options B. Partially Isolated Meeting Room at Street Level C. Partially Isolated Meeting Room at Fifth Level D. Fully Isolated Meeting Room at Street Level E. 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