R-9899
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 thatthe 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
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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.
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(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 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;
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
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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 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 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 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
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.
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(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
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.
(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
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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 of the
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
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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 orfull 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.
f1) 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.
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(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
would be greater and construction of the parking on two sites would result in an inefficient
use of land that results in fewer opportunities for housing or employment in the Civic
Center, and one of the sites 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.
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 all of the remaining alternatives. The "Substitute Site Alternative" and the "Two
Garages Alternative" would increase rather than decrease the project's environmental
impacts. Moreover, these alternatives are infeasible because they would create parking in
locations that are physically separated from the uses for which they are intended to provide
convenient parking, including the Public Safety Facility, City Hall, and County Courthouse
SECTION 4. As fully described in Section 2, the Final EIR found that the proposed
project would result in significant and unavoidable adverse impacts in the areas of traffic
and transportation and neighborhood effects. Consistent with Article VI, Section 13 of the
City of Santa Monica CEOA Guidelines and Section 15093 of the State of California CEOA
Guidelines, the City Council hereby makes a Statement of Overriding Considerations and
finds that the benefits of the Civic Center Parking Structure outweigh each of the
unavoidable environmental impacts based on the following reasons
(a) The Civic Center Parking Structure will support key community facilities,t
11
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
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 Pico
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.
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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
F:\PLAN\ADMIN\CIVCTR\CCPARKING\CC DR AMEND\SOC.DOC
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Adopted and approved this 14th day of October, 2003,
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify
that the foregoing Resolution No. 9899 (CCS) was duly adopted at a meeting of
the Santa Monica City Council held on the 14th day of October, 2003, by the
following vote:
Ayes:
Council members: Feinstein, Genser, Mayor Pro Tem McKeown,
Katz, O'Connor, Holbrook, Mayor Bloom
Noes:
Council members: None
Abstain:
Coundlmembe~: None
Absent:
Coundlmembe~: None
ATTEST:
~
24