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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: 1 ULs 2 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 2 L53 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 3 \,. \.i 54 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 4 UL:55 (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 5 i..5E 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: 6 t< w5 '{ 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 7 L58 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 8 ;';59 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 9 \.;60 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 10 b 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 11 \.62 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 12 63 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. 13 64 (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. 14 Dt.: - ~ (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: 15 "66 (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 16 I1\.., 6 7 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. 17 Lt68 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. 18 ~~ 0 6 9 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 19 00'70 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 ,', ',' , 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. 20 \,( v 7 C-f' ., 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 21 '"'irZ- 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: