R-9746
CA:f: \atty\mu n i\l aws\bar\n ma i nfi nd i ng s-2
City Council Meeting 2-26-02
Santa Monica, California
RESOLUTION NO. 9746 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
MAKING FINDINGS NECESSARY TO APPROVE THE NORTH MAIN STREET
MIXED-USE DEVELOPMENT 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 North Main Street Mixed-Use Development Project; 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 February 12, 2002, 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 Section 15128 of the State CEQA Guidelines, the .Initial
Study/Notice of Preparation determined that the following environmental impacts were not
considered potentially significant and were not addressed further in the Final EIR:
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biological resources, energy, hazards and hazardous materials, mineral resources,
agricultural resources, water quality, and recreation
SECTION 2. Consistent with Article VI, Section 12 of the City of Santa Monica
CEQA Guidelines and Sections 15091 and 15092 of the State CEQA Guidelines, and as
detailed in the Final EIR at Sections 3.4,3.5, and 3.9, the City Council finds that there are
no significant impacts for land use, population and housing, or cultural resources.
SECTION 3. 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 additional 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.
(a) The Final EIR determined that without mitigation the project would result in
significant impacts on geology, soils, and hydrology. Consistent with Article VI, Section 12
of the City of Santa Monica CEQA Guidelines and Sections 15091 and 15092 of the State
CEQA Guidelines, and as detailed in the Final EIR at Section 3.1, the City Council finds
thatthefollowing 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) To avoid building structures on soils that are expansive within
the first 12 inches, a 4-inch gravel cushion (below the slab) shall be included
in the building design. If, during construction, it can be verified that at least
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12 inches of non-expansive soils exist below the lowest garage slab, the 4-
inch gravel cushion may be omitted. However, in all cases, the on-grade floor
slab shall be reinforced by a minimum of No.4 bars at 16" on center in two
directions.
(2) In order to provide stable soils, measures, such as sloping all
excavation banks at a gradient no steeper than 1:1, in addition to standard
soil stability control practices, shall be implemented. Where there is
insufficient space for sloped embankments, and it is not practical to perform
vertical and/or slot cutting, an embankment supporting system shall be used.
The most commonly used method is to install shoring (Le., soldier) piles
along the embankment. If soldier piles are used, one of three systems shall
be used: (1) cantilever piles, (2) piles braced with tiebacks on the outside of
excavation, or (3) piles braced with rakers from the inside.
(3) Any and all new fill shall be non-expansive in nature and free
of organic and other deleterious substances. The fill soils shall be placed in
thin lifts and compacted to a minimum 90% relative density based on the
ASTM D1557 standard. Pea gravel and well-graded sand/gravel mixture with
%-inch maximum size shall be used in lieu of soils to backfill the garage walls
in areas where the spacing between the walls and excavation banks is too
narrow to perform compaction therein. No density tests shall be required if
the sand/gravel is vibrated during placement under the observation of the
project's soils engineer. However, all granular material backfill shall be
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capped with 2.0 feet of relatively impervious compacted soils to minimize
surface water infiltration into the garage.
In areas where. the garage walls are neither braced nor
designed as free standing walls, backfilling of these walls shall not start until
after the flat slab, which will serve as a horizontal diaphragm for the garage
walls, has been poured and gained sufficient strength.
If the edge of backfilling is within 2.0 feet of public ways, only
concrete slum and cohesive soils shall be used as backfilling materials. Sand
and gravel shall not be used within 2.0 feet of the public ways to avoid the
introduction of cohesion less soils into future public works excavation.
(4) In order to provide a safe geologic environment, suitable for
construction and operation of the proposed structures, all cesspool and
septic tanks, if encountered, shall be cleared and backfilled with lean
concrete mix (1.5 sacks/cubic yard).
(5) I n order to properly support the column and wall loads of the
proposed structures, they shall be supported on conventional spread and
continuous footings embedded at least 24 inches into the natural soils. The
following values shall be used for foundation design:
Foundation Design Factors
Vertical Bearing, psf (net)
Lateral Bearing, psf/ft.
Coefficient of friction
Wall Footings
4,500
300
0.35
Column Footings
5,000
300
0.35
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(6) In order to provide a total settlement of not more than % inch
and a differential settlement of not more than % inch, the foundation shall be
supported as recommended in the final geologic report (approved by the
City) and loaded to the recommended maximum pressure.
(7) To minimize soil erosion and/or slope instability during site
preparation activities, temporary drainage devices shall be installed at the
top of excavation banks to divert water away from the banks. Additionally,
the project shall be compliant with Chapter 29 of the CBC and Cal-OSHA
regulations pertaining to excavation, trenching, and shoring, and
implementation of standard erosion control practices.
(8) To avoid contamination of groundwater during construction or
operation of the protect, a back drain system, consisting of 4-inch perforated
drainpipes or an equivalent system, shall be placed above the footing level
on the outside of subterranean walls. The drainpipes shall be connected to
sump pits that discharge into the City's storm drain system. In areas where
there is insufficient space to install drainpipes behind the garage walls, the
drainage shall be provided by weep holes just above the footing level.
(9) Design and construction of the buildings shall be engineered
to accepted industry standards to withstand the expected ground
acceleration that may occur at this site. The design shall take into
consideration the soil type, potential for liquefaction, and the most current
and applicable seismic attenuation methods that are available. All on-site
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structures shall comply with applicable provisions of the Uniform Building
Code and the California Building Code, as amended by the City.
(b) The Final EIR determined that without mitigation, the project could have a
potentially significant effect on aesthetics/shadows. Consistent with Article VI, Section 12
of the City of Santa Monica CEQA Guidelines and Sections 15091 and 15092 of the State
CEQA Guidelines and as detailed in the Final EIR at Sections 3.6 and 3.11, 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 that sheds light
pools only on the project sites, incorporating "cut-off' shields as appropriate
to prevent an increase in lighting at adjacent and nearby residential 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.
(c) The Final EIR determined that without mitigation, the project could have a
potentially significant effect on public services and utilities. Consistent with Article VI,
Section 12 of the City of Santa Monica CEQA Guidelines and Sections 15091 and 15092
of the State CEQA Guidelines, and as detailed in the Final EIR at Section 3.8, 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 public services and utilities to
below a level of significance:
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The Applicant shall include mixed office paper, cardboard,
scrap metal, newspaper, glass and plastic bottles, and metal cans (aluminum
and steel) generated from project operations in a general facility recycling
program, to be approved by the City.
To the extentfeasible, the Applicant shall utilize products made
from recycled materials. This may include office, food service, and janitorial
supplies, carpeting, paint, re-refined lubrication oil, tire stops in parking lots
and plastic lumber park benches.
(3) Public education materials on waste prevention, recycling, used
oil recycling, re-refined oil, hazardous waste reduction and management,
composting and buying recycled content products shall be displayed in the
appropriate areas within the proposed project.
(4) The Applicant shall provide the City with a recycling plan that
identifies all programs to be utilized to reduce solid waste generation and
disposal by a minimum of 50%. The Applicant shall provide this plan prior to
final occupancy. The plan shall include, at a minimum, upon concurrence of
the City's Solid Waste Management Division, the following items:
Description of all activities that will reduce solid waste
generation by a minimum of 50%
Methodology for monitoring activities for program
effectiveness/ efficiency
Compilation and provision of quarterly diversion
updates/reports to the City, which will occur 30 days
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after the end of each calendar quarter and will list the
amount of wastes disposed and recycled by tons
Listing of solid waste/recycling/service providers utilized
to provide recycling/composting/waste reduction
programs
Annual evaluation of program submitted to the City's Solid
Waste Management Division
(d) The Final EIR determined that without mitigation, the operational noise of the
project could have a potentially significant effect. Consistent with Article VI, Section 12 of
the City of Santa Monica CEQA Guidelines and Sections 15091 and 15092 of the State
CEQA Guidelines, and as detailed in the Final EIR at Sections 3.3 and 3.11, the City
Council finds that the following mitigation measure has been required of the project which
will mitigate or reduce the impact of the project on public services and utilities to below a
level of significance:
Twenty-four hour uses shall be prohibited. Commercial deliveries and trash
pick-ups shall be restricted to the hours of 7 a.m. to 11 :00 p.m. Monday
through Saturday.
SECTION 4. Consistent with Article VI, Section 12 of the City of Santa Monica
CEQA Guidelines and Sections 15091, 15092, and 15093 of the State of California CEQA
Guidelines, the City Council finds that significant adverse environmental effects in the
areas of air quality (during construction and demolition), traffic/circulation (during
construction and project related), and noise (during construction), cannot feasibly be
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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 7 below.
(a) The Final EIR determined that without mitigation, the project could result in
significant effects on air quality during construction and demolition. Although regional
emissions and localized CO concentrations would create less than significant impacts,
construction equipment air emission during construction would exceed established Nox
thresholds. This is a short-term impact that is tied to the length of construction. Consistent
with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and as detailed
in the Final EIR at Section 3.2 and 3.10, the City Council finds that the following mitigation
measures have been required in the project that will reduce the impacts of construction-
related emissions of Nox but not to levels that would be considered less than significant:
(1) The applicant shall prepare a Construction Impact Mitigation
Plan to be reviewed by the City, and shall implement all identified measures
during the construction period
(2) Any construction equipment on the site must meet the following
conditions in order to reduce NOx emissions:
The engine size must be the minimum practical size
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
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Catalytic converters shall be installed, if feasible
Diesel-powered equipment such as booster pumps or
generators should be replaced by electric equipment, if
feasible
Construction truck trips shall be scheduled, to the extent
feasible, to occur during non-peak hours
In addition, the following measures will be employed during
construction activities to reduce NOx emissions:
Use low-sulfur diesel fuel in all diesel equipment
Shut off engines when not in use
Construction activities must meet the following conditions in order to
reduce dust emissions:
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 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
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miles per hour.
Soil stockpiled for more than two days shall be covered,
kept moist, or treated with soil binders to prevent dust
generation.
These requirements shall be included on all grading plans.
(3) The developer shall incorporate the following terms into the
construction documents to be implemented by contractors:
Comply with restrictions on construction, maintenance,
or repair of buildings and restrictions on demolitions of
buildings, excavating, or grading specified in the City of
Santa Monica Municipal Code, Sections 4.12.130 and
Section 4.12.140
Perform the following best management practices for
noise control from demolition or construction activities:
(1) Maximize the physical separation
between noise generators and noise receptors.
Such separation includes, but is not limited to,
the following measures: provide enclosures for
stationary equipment and barriers around
particularly noisy areas on the site or around the
entire site; use shields, impervious fences, or
other physical sound barriers, to inhibit the
transmission of noise to sensitive receptors; and
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position stationary equipment to minimize noise
impacts on the community.
(2) Require that all construction equipment
engines be properly tuned and muffled according
to manufacturers' specifications.
(3) Select haul routes for the removal of
excavation materials and transport of building
materials in conjunction with the City of Santa
Monica such that noise-sensitive (e.g.,
residential) areas are avoided as much as
possible.
(4) Neighbors within 500 feet of construction
areas shall be notified of the construction
schedule in writing, prior to construction. The
project sponsor shall designate a "disturbance
coordinator" who shall be responsible for
responding to any local complaints regarding
construction noise. The coordinator (who may be
an employee of the developer or general
contractor) shall determine the cause of the
complaint and shall require that reasonable
measures warranted to correct the problem be
implemented. A telephone number of the noise
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disturbance coordinator shall be conspicuously
posted at the construction site fence and on the
notification sent to neighbors adjacent to the site.
(Il). Fth8I ...EIR.. ~that WilhoI.ttmttiOlIonr the project could result in
significant effects on traffic/circulation during construction and after completion of the
project. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA
Guidelines, and Sections 15091 and 15092 of the State CEQA Guidelines and as detailed
in the Final EIR at Section 3.7, the City Council finds that the mitigation measure (1), listed
below, has been required of the project which will mitigate or reduce the impact of the
project relating to on-site parking to below a level of significance. However, consistent with
Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Sections 15091
15092, and 15093 of the State CEQA Guidelines, and as detailed in Final EIR Sections
3.7, 3.10, and 3.11, the City 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:
1) The Applicant shall designate in the parking plan that no more
than 40% of the required residential visitor spaces are assigned as compact
spaces.
(2) The applicant shall prepare a Construction Impact Mitigation
Plan to be reviewed by the City, and shall implement all identified measures
during the construction period.
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(3) The applicant/contractor shall direct and control construction
traffic to avoid using residential streets in the project vicinity for construction
activities.
While possible mitigation measures were identified for the significant impacts at the
intersections of Main Street/Bicknell Street and 4th Street/Bicknell Street, as detailed in the
Final EIR, Section 3.7, the proposed mitigation measures of adding a turn lane would be
infeasible because it would require on-street parking removal or a narrowing of the
sidewalk to accommodate physical widening of the street. These measures would
themselves result in significant negative impact to the area and impact the neighborhood
context. Narrowing sidewalk widths adversely affects the pedestrian environment by
reducing the area where pedestrians may walk and potentially forcing pedestrians into the
street. The removal of on-street parking reduces the number of available public parking
spaces in an area where parking is a premium for nearby residents and businesses. The
widening of streets to accommodate additional vehicle trips, particularly in residential
areas, is contrary to City policy where the preservation of neighborhoods and the
pedestrian environment is highly valued. Although applicant is proposing that excess
parking on the West Project site be made available to the public to replace any removed
on-street parking, the public does not generally utilize public parking provided on private
property unless the public is frequenting the establishment upon which the parking is
placed. Consequently, the identified impact would not be mitigated even if the spaces
could be relocated. Since the addition of a southbound right turn lane would result in loss
of public parking or the narrowing of the sidewalks, the impact of which cannot be
mitigated, the addition of a southbound right turn lane is infeasible.
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(e) l'heFiI1eI EIRd....rmined that withoutmilO*A, the project could result in
significant effects on noise quality during construction. Noise levels associated with
demolition and construction activities could exceed the maximum allowable levels in the
City's Noise Ordinance. This is a short-term impact that is tied to the length of
construction. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA
Guidelines, and Sections 15091,15092, and 15093 of the State CEQA Guidelines and as
detailed in the Final EIR at Sections 3.3, 3.10, and 3.11, the City Council finds that the
following mitigation measures have been required in the project that will reduce the impacts
of construction-related noise but not to levels that would be considered less than
significant:
The applicant shall prepare a Construction Impact Mitigation Plan to
be reviewed by the City, and shall implement all identified measures during
the construction period.
(d) The Final EIR determined that without mitigation, the project could have a
potentially significant effect during construction. Certain of these constructions effects
were also identified in the air quality, traffic/circulation, and noise sections of the Final EIR
and the same mitigation measures were proposed in these sections as in the construction
effects analysis. Further, consistent with Article VI, Section 12 of the City of Santa Monica
CEQA Guidelines and Sections 15091, 15092, and 15093 of the State CEQA Guidelines:
and as detailed in the Final EIR at Section 3.10, the City Council finds that the following
additional mitigation measures have been required in the project that will reduce the impact
of the construction-related impacts below the level of significance except in the area of air
quality, traffic/circulation, and noise:
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(1) The proposed project would be required to comply with the
provisions of the City of Santa Monica Construction Waste Reduction
Ordinance. The following measures would be required to reduce construction
and demolition waste generated by the proposed project:
The developer/contractor shall prepare and submit a
demolition plan for review and approval by the City. The
plan shall include methods to maximize salvage and
recycling of building and landscape materials. The plan
shall include a recovery rate for each material type in
the demolition contract. The plan shall also include
strategies for the salvage of any reusable historic
materials and reusable materials in good condition.
During construction and demolition activities, the contractor
shall separate for recycling all materials that are accepted for
recycling in the Los Angeles region, including, but not limited
to, metals, wood waste, and clean fill.
The contractor shall schedule the removal of reusable and
recyclable materials prior to demolition to maximize recovery
rate.
The contractor shall provide separate bins for all recyclables
on site. Such bins shall be labeled clearly in several languages
or with universal symbols. The contractor shall also provide
orientation prior to the start of construction for workers to train
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them to use the recycle bins provided. If there is insufficient
space on site, the contractor shall contract with a recycling
company to receive mixed loads for separation and recycling.
The contractor shall use pre-engineered or factory-cut material
Examples of this type of material include, but are not limited to:
factory trusses, laminated and other engineered wood
products, sheet metal cladding and roofing, 9-foot gypsum
board, pre-cut headers, and pre-assembled joist bridging. The
applicant shall also use reusable and recyclable forming
materials, such as steel forms or standard wood systems,
where feasible.
(2) The applicant/contractor shall provide all necessary off-site
parking for construction workers so as to avoid impacts on parking in the
project neighborhood and surrounding residential streets.
(3) The applicant shall prepare a Construction Impact Mitigation
Plan to be reviewed by the City, and shall implement all identified measures
during the construction period.
(e) The Final EIR determined that without mitigation, the project could have a
potentially significant effect on neighborhoods. Certain ofthese neighborhood effects were
also identified and detailed in the air quality, traffic/circulation, aesthetics, and noise
sections of the Final EIR and the same mitigation measures were proposed in these
sections as in the neighborhood effects analysis.
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SECTION 5. The CEQA-mandated environmentally superior alternative was found
to be the No Project Alternative. Any significant and adverse environmental impacts
directly or cumulatively associated with the proposed project would be avoided. However,
the No Project Alternative is not feasible. It would not satisfy the basic project objectives
since itwould not provide a mixed-use development. In addition, the No Project Alternative
would not achieve the City's goals of providing additional housing in the City, particularly
needed affordable housing. Additionally, when the No Project Alternative is identified as
the environmentally superior alternative, CEQA requires that another alternative that
substantially reduces or eliminates potential impacts be identified. In terms of physical
effects on the environment, the environmentally superior alternative (other than the No
Project) is the Reduced Retail/Housing Alternative, which results in fewer impacts with
respect to aesthetics/shadow, population/housing, transportation/circulation, and public
services and utilities. However, this project alternative would still result in unavoidable
significant impacts. In addition, while this alternative would address the applicant's
objective of providing a mixed-use development, it would only provide housing at one-half
the intensity proposed by the applicant and the economic viability of this alternative has not
been tested. Moreover, while the Office/Retail Alternative would have reduced impacts
with respect to population and housing and public services and utilities, it too would result
in the same unavoidable significant impacts as the proposed project and would not achieve
the applicant's basic objectives since no residential housing would be produced.
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SECTION 6. The remaining project alternative analyzed in the Final EIR, senior
housing/retail project, would have similar or greater impacts on the environment as the
proposed project.
SECTION 7. As fully described in Section 4 above, the Final EIR found that the
proposed project would result in significant and unavoidable adverse impacts in the areas
of air quality (during construction and demolition), traffic/circulation (during construction and
project related), and noise (during construction). These unmitigable impacts were also
identified in the neighborhood effects and construction sections of the Final EIR.
Consistent with Section 15093 of the State CEQA Guidelines, the City Council hereby
makes a Statement of Overriding Considerations and finds that the benefits of the project
outweigh its unavoidable environmental impacts based on the following reasons. Each
benefit set forth below constitutes an overriding consideration warranting approval of the
project, independent of the other benefits, despite each and every unavoidable impact.
(a) The project will lead to the redevelopment of sites on Main Street
that have been vacant for almost a decade, have been used only for vehicle
parking and construction staging, and have become substantially dilapidated.
Main Street is one of the City's key commercial corridors serving both the
surrounding residential community as well as the large number of tourists in
the area frequenting area restaurants, hotels, and the beach. These sites
are extremely large and are across Main Street from one another, framing
that major commercial and transportation corridor. This redevelopment will
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promote a revitalization of the northern portion of Main Street and the
surrounding areas.
(b) The project will provide substantial new housing, including on-site
.................".,;...oftheOly..,,.......dficant tecent
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housing development. This new housing will neither displace any existing
tenants, since the development is occurring on parcels zoned and previously
used commercially, nor will it be used as corporate housing.
(c) The project will provide significant direct fiscal benefits to the City
including increased sales tax revenues, property tax revenues, and
development fees since there is currently no permanent active use of the
site.
(d) The construction impacts in the areas of air quality,
traffic/circulation and noise are short-term in nature and will not continue
beyond the relevant stages of construction.
(e) These projects have been redesigned by the project applicant and
now are fully compatible with and relate harmoniously to surrounding sites
and neighborhoods.
SECTION 8. 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 the significant effects of the Project on the environment and to ensure
compliance during project implementation.
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SECTION 10. 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:
Attachment A: Mitigation Monitoring Table
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Adopted and approved this 26th of February, 2002.
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Resolution No. 9746 (CCS) was duly adopted at a
meeting of the Santa Monica City Council held on the 26th of February, 2002 by
the following vote:
Ayes: Council members:
Holbrook, O'Connor, Bloom, Genser, Mayor
Pro Tem McKeown, Mayor Feinstein
Noes: Council members:
None
Abstain: Council members:
None
Absent: Council members:
Katz
ATTEST: