R-9849
RESOLUTION NO. 9849
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
MAKING FINDINGS NECESSARY TO APPROVE A DEVELOPMENT PROJECT AT
1540 2ND STREET, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS,
AND ADOPT A MITIGATION MONITORING PROGRAM
WHEREAS, an Environmental Impact Report has been prepared which analyzes the
environmental effects of the proposed development project at 1540 2nd Street; 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 13, 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 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: plant life,
human health, animal life, fiscal, risk of upset, recreation, and public services.
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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 IV.A, IV.B, IV.C, IV.F, and IV.H, the City Council finds
that there are no significant impacts for land use, aesthetics/light and glare/shade and
shadow, population/employment, noise and utilities.
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 levels that are less than significant. More specifically, potentially
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's operation
would result in potentially significant impacts on air quality. 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 IV.E, the City
Council finds that the following mitigation measures have been required of the project,
which will mitigate or reduce some impacts of the project on traffic to below a level of
significance:
(1) Mitigation Measure AQ-1 (a): Use solar or low emission
water heaters to reduce natural gas consumption and
emissions.
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(2)
Mitigation Measure AQ-1(b):
Use energy-efficient and
automated controls for air conditioners to reduce energy
consumption and emissions.
(3)
Mitigation Measure AQ-1 (c):
Use light-colored roofing
materials as opposed to dark roofing materials. These
materials would reflect, rather than absorb, sunlight and
minimize heat gains in buildings. This measure would lessen
the overall demand for mechanical air conditioning systems.
(4 )
Mitigation Measure AQ-1 (d):
Install special sunlight
filtering window coatings or double-paned windows to reduce
thermal gain in hot weather and loss in the cold weather, thus
reducing emissions associated with heaters and air
conditioners.
(b) The Final EIR determined that without mitigation, the project could have a
potentially significant effect on earth resources. 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 IV.G, 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 earth resources to below levels of significance:
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(1) Mitigation Measure ER-1: The project applicant shall prepare
and submit to the City of Santa Monica, a Storm Water
Pollution Prevention Plan (SWPPP) to be administered
throughout all phases of grading and project construction. The
SWPPP will incorporate Best Management Practices (BMPs)
to ensure that potential water quality impacts during
construction phases are minimized. Examples of BMPs that
may be implemented during site grading and construction
could include straw hay bales, straw bale inlet filters, filter
barriers, and silt fences.
(2) Mitigation Measure ER-2: The parking structure design shall
consider a mechanism of removing groundwater, if present at
the site. Due to the fact, depth to groundwater varies
seasonally; the groundwater removal design shall consider
historical ranges in depth to groundwater. The removal system
shall be designed to prevent the parking structure from
flooding.
(3) Mitigation Measure ER-3: The project applicant shall provide
a focused geotechnical report that specifically analyzes the
geotechnical characteristics of the project site. This report is to
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be prepared by a qualified and certified geologist. This report
is shall be prepared prior to any issuance of grading permits.
Any potential soil or geology problems encounter during the
preparation of the geotechnical report shall be identified, and
appropriate techniques to minimize potential problems
prescribed and implemented. Suitable measures could include
but are not limited to specialized design of foundations by a
structural engineer; removal or treatment of soils to reduce
potential problems; in-situ densification; or other alternations to
ground characteristics.
(c) The Final EIR determined that without mitigation, the project could have a
potentially significant effect on cultural resources. 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 IV.I, 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 cultural resources to below levels of significance:
(1) Mitigation Measure C-1 (a): In the event that archaeological
resources are unearthed during Project subsurface activities,
all earth disturbing work within a 200-meter radius must be
temporarily suspended or redirected until an archaeologist has
evaluated the nature and significance ofthe find. After the find
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has been appropriately mitigated, work in the area may
resume. A Native American shall monitor any mitigation work
associated with prehistoric cultural find.
(2) Mitigation Measure C-1 (b): If human remains are unearthed,
State Health and Safety Code Section 7050.5 requires that no
further disturbance shall occur until the County coroner has
made the necessary findings as to origin and disposition
pursuant to Public Resources Code Section 5097.98. If the
remains are determined to be of Native American descent, the
coroner has 24 hours to notify the Native American Heritage
Commission (NAHC). The NAHC will then contact the most
likely descendant of the deceased Native American, who will
then serve as consultant on how to proceed with the remains
(i.e., avoid, rebury).
(3) Mitigation Measure C-1 (c): In the event that paleontological
resources are unearthed during Project subsurface activities,
all earth disturbing work within 200-meter radius must be
temporarily suspended or redirected until a paleontologist has
evaluated the nature and significance of the find. After the find
has been appropriately mitigated, work in the area may
resume.
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(d) The Final EIR determined that without mitigation, the project could have a
potentially significant effect on construction-related traffic. 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 in Section IV. K, the City
Council finds that the following mitigation measures have been required of the project
which will mitigate the impact of the construction-related traffic to below a level of
significance:
(1) Mitigation Measure C-3(a): The applicant shall prepare a
construction traffic control plan prior to issuance of grading
permit. This plan shall identify the traffic control measures to
be used by the contractor during construction activity.
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 project-related traffic and construction-related noise and air quality 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 6 below.
(a) The Final EIR determined that without mitigation, the project could result in
significant effects on project-related traffic. Consistent with Article VI, Section 12 of the
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City of Santa Monica CEQA Guidelines and Sections 15091 and 15092 of the State of
California CEQA Guidelines, and as detailed in the Final EIR at Section IV.D, the City
Council finds that the following mitigation measure would avoid or substantially lessen the
potential significant environmental effects with respect to traffic:
(1 )
Mitigation Measure TC-1 (a):
Pacific Coast Hiqhwav and
California Avenue - Convert the existing westbound shared left-
turn/through lane to a shared left/through/right-turn lane. This
improvement will require the modification of the existing traffic signal
equipment at the intersection.
However, 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, and as detailed in Final EIR Section IV.D, the City Council finds that the
significant environmental effects related to traffic cannot be feasibly avoided or mitigated to
below a level of significance because the intersection is owned by the State of California
Department of Transportation and the implementation of the mitigation measure is outside
the control of the City of Santa Monica and project applicant. Therefore, the impact
remains significant and unavoidable. In addition, as detailed in the Final EIR, Section IV.D,
the City Council finds that, in light of the City's policy to avoid widening streets, which
results in other adverse impacts including eliminating sidewalks or reducing sidewalk
widths, and removing on-street parking spaces in areas where public parking is in high
demand, no feasible mitigation measures have been identified at Fourth Street/Wilshire
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Boulevard, Second Street/Colorado Avenue, Fourth Street/Olympic Drive/I-1 0 eastbound
on-ramp, and Fourth Street/Colorado Avenue. Therefore, the impacts at these
intersections are considered to be significant and unavoidable.
(b) The Final EIR determined that without mitigation, the construction of the project
could have potentially significant effects in the area of air quality due to demolition,
excavation, grading and construction vehicles. 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 IV.F, the City Council finds that the
following mitigation measures have been required of the project, which will reduce
construction-related air quality impacts but not mitigate to levels that would be considered
less than significant:
(1) Mitigation Measure C-1 (a): The project developer shall prepare
and implement a Construction Impact Mitigation Plan prior to
issuance of building permits. This plan shall be subject to
review and approval by the City and, at a minimum, shall
include the following:
· A public information program to advise motorists of
impending construction activities (example: media
coverage, portable message signs, and information
signs at the construction site);
· Approval from the City Engineer and all other affected
agencies for any construction detours or construction
work requiring encroachment into public rights-of-way,
or any other street use activity (example: haul routes);
· Timely notification of construction schedules to all
affected agencies (example: Police Department, Fire
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Department, Department of Works, Department of
Planning and Community Development, 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;
· Prohibition of 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. It is recommended
that all weekday daytime work on City streets be
performed between the hours of 9:00 A.M. and 3:00
P.M.;
· 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;
· Provision for providing off-street parking to construction
employees, including use of a remote location with
shuttle transport to the site, if determined necessary by
the City of Santa Monica. .
(2) Mitigation Measure C-1 (b): The developer shall implement all
rules and regulations by the Governing Board of the SCAQMD
which are applicable to the development of the project (such
as Rule 402 - Nuisance, Rule 403 - Fuqitive Dust, Rule 1113
- Architectural Coatinqs) and which are in effect at the time of
development.
The following measures are currently
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recommended to implement Rule 403 - Fuqitive Dust. These
measures have been quantified by the SCAQMD as being able
to reduce dust generation between 30 and 85 percent
depending on the source of the dust generation.
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Apply approved non-toxic chemical soil stabilizers
according to manufacturer's specification to all inactive
construction areas (previously graded areas inactive for
four days or more).
Replace ground cover in disturbed areas as quickly as
possible.
Enclose, cover, water twice daily, or apply approved soil
binders to exposed piles (i.e., gravel, sand, and dirt)
according to manufactures' specifications.
Water active grading sites at least twice daily.
Suspend all excavating and grading operations when
wind speeds (as instantaneous gusts) exceed 25 miles
per hour.
Provide temporary wind fencing consisting of three- to
five-foot barriers and 50 percent or less porosity along
the perimeter of sites that have been cleared or are
being graded.
All trucks hauling dirt, sand, soil, or other loose
materials are to be covered or should maintain at least
two feet of freeboard (i.e., minimum vertical distance
between top of the load and the top of the trailer), in
accordance with Section 23114 of the California Vehicle
Code.
Sweep streets at the end of the day if visible soil
material is carried over to adjacent roads (recommend
water sweepers using reclaimed water if readily
available ).
Install wheel washers where vehicles enter and exit
unpaved roads onto paved roads, or wash off trucks
and any equipment leaving the site each trip.
Apply water three times daily or chemical soil stabilizers
according to manufactures' specifications to all unpaved
parking or staging areas or unpaved road surfaces.
Enforce traffic speed limits of 15 miles per hour or less
on all unpaved roads.
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However, air quality impacts related to construction-related activities will remain due
to dust generated by the operation of heavy construction vehicles and the extensive
amount of excavation required. Although dust control measures will help minimize the
overall air quality impacts related to dust, there are no feasible mitigation measures to
reduce emissions during demolition, grading and construction to below recommended
thresholds; therefore, significant and unavoidable construction-related air quality impacts
remain.
(c) The Final EIR determined that without mitigation, the construction of the project
could have potentially significant effects in the area of noise created by construction
vehicles and construction activities, including pile driving. 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 IV.F, the City
Council finds that the following mitigation measures have been required of the project
which will reduce the construction-related noise effects:
(1) Mitigation Measure C-2(a): Provide a staging and storage area
on the project site that is located at the greatest distance
possible from the adjacent mixed-use residential use. As per
the City's Noise Ordinance, all construction equipment with a
high noise generating potential, such as pile drivers,
jackhammers, pavement breakers or similar equipment which
produces noise levels greater than 90 dBA at a distance offifty
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feet will be limited to the hours of 10:00 A.M. and 3:00 P.M.
(2) Mitigation Measure C-2(b): Develop a hauling and delivery
route that avoids, to the greatest extent possible, sensitive
receptor locations. Machinery, including motors, shall be turned
off when not in use.
(3)
Mitigation Measure C-2(c): Provide
temporary
noise
attenuation walls around the project site during all construction
activities.
(4) Mitigation Measure C-2(d): During shoring activities, should the
pre-cast pile driving method be utilized, The applicant shall
pre-drill the locations where piles will be driven prior to driving
the piles. Under this approach, the soil is pre-drilled to a depth
below the saturation zone (zone of potential liquefaction). Pre-
cast piles are then driven into the dense soil strata to the
minimum length specified by the project geotechnical engineer.
This approach reduces the duration and intensity of pile
driving activity to the minimum necessary to ensure adequate
structural support.
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(5) Mitigation Measure C-2(e): The applicant shall provide adjacent
owners with a pile driving schedule 10-days in advance of
activities, and a 3-day notice of any re-tapping activities that
may need to occur. The applicant shall submit a copy of the
scheduled and mailing list to the appropriate City regulatory
agency prior to the initiation of construction activities. The City
Building Official or a designee should spot check and respond
to complaints.
Although construction-related noise impacts would cause temporary adverse change
in the noise environment of nearby residences and potentially sensitive businesses, the
mitigation measures listed above would reduce noise levels. However, there are no
feasible mitigation measures to fully mitigate the construction-related noise impacts on the
local businesses and population to below levels of significance so the impacts remain
significant and unavoidable:
(d) The Final EIR determined that without mitigation, the project could have a
potentially significant effect on neighborhoods. These neighborhood effects were also
identified and detailed in the transportation/traffic and construction effects sections of the
Final EIR and the same mitigation measures were proposed in these sections as in the
neighborhood effects analysis.
SECTION 5. The CEQA-mandated environmentally superior alternative was found
to be the No Project Alternative. Any significant and adverse environmental impacts
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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 it would not provide a viable restaurant, retail and commercial center at the site.
However, 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 Alternative Mixed
Use Project which calls for the replacement of the ground floor fast-food restaurant use
with retail/commercial and office uses. This project alternative results in fewer impacts with
respect to air quality, traffic/circulation and neighborhood effects, but would still result in
environmental impacts that could not be reduced to below levels of significance. However,
this project alternative would not meet the project's goal of providing a replacement facility
for the existing McDonald's fast-food restaurant.
SECTION 6. 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 traffic and construction-related air quality and noise. These unmitigable impacts were
also identified in the neighborhood effects section 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 and other
considerations outweigh its unavoidable environmental impacts based on the following
reasons. Each benefit and consideration set forth below constitutes an overriding
consideration warranting approval of the project, independent of the other benefits, despite
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each and every unavoidable impact.
(a) The project will provide the community with additional off-street
parking spaces during weekday evenings and weekends in an area of
the City that is heavily visited by the public and where parking is at a
premium for area visitors. It is anticipated that a minimum of 115
parking spaces will be available to the public during the weekday
evenings after 6:00 p.m. and 118 spaces on weekends. These spaces
will help alleviate a shortage of downtown parking spaces, particularly
in the area of Santa Monica Pier.
(b) The proposed project will provide an updated and improved fast-food
restaurant on the ground floor that provides an affordable dining
alternative to visitors to the downtown, including low and moderate
individuals and families.
(c) The first floor design of the new proposed project will be setback to
enhance the heavily traveled pedestrian environment along Colorado
Avenue which links to the Santa Monica Pier, the beach and
Palisades Park by providing an additional two and one half feet of
sidewalk width.
(d) The proposed project will improve the pedestrian environment along
Colorado Avenue, one of the City's key pedestrian corridors and a
primary pedestrian access to the landmark Santa Monica Pier - a
major tourist attraction. The existing double driveway that currently
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provides ingress and egress to vehicles will be removed, eliminating
conflicts between vehicles and pedestrians.
(e) The proposed project will provide a source oftax revenues to the City
and jobs to residents of the area during a time of falling tax revenues
and increased unemployment.
SECTION 7. 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.
SECTION 8. Consistent with Section 21081.6(d) of the California Environmental
Quality Act, the documents, which constitute the record of the proceedings for approving
this project, are located in the Planning and Community Development Department, 1685
Main Street, Room 212, Santa Monica, California. The custodian of these plans is Paul
Foley, Senior Planner in the City Planning Division of the Planning and Community
Development Department.
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SECTION 9. 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:
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MARSHA J ES MOUTRIE
City AttorneY
Attachment A: Mitigation Monitoring Program
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Adopted and approved this 13th day of May, 2003.
~~aYor
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Resolution No. 9849 (CCS) was duly adopted at a
meeting of the Santa Monica City Council held on the 13th day of May, 2003, by
the following vote:
Ayes: Council members: O'Connor, Holbrook, Katz, Genser, Pro Tem
McKeown, Mayor Bloom
Noes: Council members: Feinstein
Abstain: Council members: None
Absent: Council members: None
ATTEST:
~\.6,~~
Maria M. Stewart, City Clerk