R-8858
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RESOLUTION NO. 8858
(City Councll Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA MAKING CEQA FINDINGS
NECESSARY TO APPROVE THE ARBORETUM DEVELOPMENT AGREEMENT
AMENDMENT AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION
WHEREAS, the City Council has certified an Envlronmental
Impact Report for the Arboretum Development Agreement amendment;
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 Monlca CEQA Guidellnes and Sections 15091 and 15092
of the State of Californla CEQA Guidelines, the City Council
finds that most impacts resulting from the proJect can be reduced
to an acceptable level. Most significant environmental effects
as identlfied below can feasibly be avoided and have been
elimlnated or substantially lessened. The remaining unavoidable
slgn~ficant effects cannot be fully mitigated but are
nevertheless found to be acceptable due to overriding
cons~derations, as discussed in Section 2.
(a) The final EIR determ~ned that, without mitigation as
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compared to the development allowed under the exist~ng
Development Agreement, development under the proposed amended
Development Agreement could s~gnificantly 1mpact traffic flow at
the intersection of 20th Street and Broadway in the PM peak hour
period, the 1ntersection of Centinela and Colorado Avenues in the
PM peak hour period, and the 1ntersection of 20th Street and
W1lshire in the AM peak period. Consistent with Article VI I
Section 12 of the City CEQA GUldelines and Section 15091 of the
State of California CEQA Guidelines, the C1ty Council f1nds that
the follow1ng m1tigat1on measures have been required 1n the
project which will mitigate these traffic impacts to below the
level of significance:
(1 ) For the intersection of 20th Street and Broadway, the
amended Development Agreement requires the applicant to
provide funding for the design and installat10n of updated
1ntersection signal equ1pment as part of the City's
centralized computer signal control system. Th1S w~ll
include a new signal controller, new slgnal poles, mast
arms, signal heads and interconnect as determined by the
City Parking and Traffic Engineer. The City has an on-go1ng
program to create an 1nterconnect network of signals of
which this improvement would be a part.
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(2) For the intersection of Centinela and Colorado Avenues,
the amended Development Agreement requires the temporary
westbound left turn lane which was recently 1mplemented on a
temporary basis via restriplng as part of the Mid-City
Ne1ghborhood Traffic Plan, to be made permanent.
(3 ) For the intersection of 20th Street and Wilshire
Boulevard, the applicant is required under the existing
Development Agreement to restrlpe the northbound approach on
20th Street to provide two through lanes lnstead of one
right-turn only lane and one through lane. When this is
completed, the impact identified for this intersection wlll
be fully mitigated.
(b) The final EIR determined that, without mitigation and
as compared to the development allowed under the existing
Development Agreement, the project would have a potentially
slgnificant effect on energy consumption. Consistent w~th
Article VI I Section 12 of the City CEQA Guidellnes and Section
15091 of the State of Californla CEQA Guidelines, the City
CounCll finds that the following mitigation measures have been
requlred in the proJect whlch wlll mitlgate these energy impacts
to below the level of s~gnificance:
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(1) Pursuant to the amended Development Agreement, exterior
walls and roofs shall be finished with light-colored
materials wlth high emissivity characteristics to reduce
cooling loads. Interlor walls shall be flnlshed wlth light-
colored materlals, except where dark colors are preferable
for aesthetic effect, to reflect more light and thus
increase lighting efficiency.
(2) Pursuant to the amended Development Agreement, a
performance check of the installed space conditioning system
shall be completed by the developer/installer prlor to
lssuance of a certificate of occupancy to ensure that
energy-efficiency measures incorporated into the project
operate as designed.
(3 ) Pursuant to the amended Development Agreement, heat-
reflective draperies shall be installed on appropriate
exposures.
(4 ) Pursuant to the amended Development Agreement, built-in
appllances, refrigerators, and space-conditioning equipment
shall exceed the minimum efficiency levels mandated in the
California Code of Regulations.
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(5 ) Pursuant to the amended Development Agreement, the
project applicant shall consult with the Southern California
Edison Company and the Southern California Gas Company
regarding any other feas~ble energy conservation measures
that could be incorporated luto the design of the project
(c) The final EIR determined that, without mitigatlon and
as compared to the development allowed under the existing
Development Agreement, the project would have a potentially
s~gnificant effect on 1 ight and glare. Consistent wlth Article
VI, Section 12 of the City CEQA Guidelines and Section l509l of
the State of California CEQA Guidelines, the City Council finds
that the followlng mitigatlon measures have been required in the
proJect which wlll mitigate these light and glare impacts to
below the level of significance:
(1 ) Pursuant to the amended Development Agreement, to
minimize exceSSlve llght and glare, building exteriors shall
utilize low reflect~ve materials. Mlrrored glass and other
highly reflective build1ng materlals shall not be utilized
on the exter~or of the bUlldings.
(2 ) Pursuant to the amended Development Agreement, all
outdoor lighting other than identification signage shall be
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directed from the perimeter of the property toward buildings
and parking areas utilizing cut-off fixtures to prevent
nlghttlme illumination to spill onto adjacent properties and
on-site residential uses.
(3 ) Pursuant to the amended Development Agreement, exterlor
building courts and corridor illumination shall be designed
to mlnlmlze intrusive glare on adjacent land uses. Low
level security lights shall be used along driveway
entrances
(4) Pursuant to the amended Development Agreement, plant
materials, shade structures, and other archltectural design
features shall be used, where appropriate, to decrease
reflectivity of hardscape and Ilght and glare toward
adJacent land uses.
(d) The final EIR determined that, without mitigation and
as compared to the development allowed under the existlng
Development Agreement, the project would have a potentially
significant effect on police protection by lncreaslng demand for
thlS service. Consistent with Artlcle VI, Sectlon 12 of the City
CEQA Guidelines and Section 15091 of the State of California CEQA
GUldelines, the City Council finds that the followlng mltigatlon
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measures have been requlred in the project which will mitigate
the police protection impact to below the level of significance:
(I ) Pursuant to the amended Development Agreement, the
project applicant shall work wlth the Pollce and Flre
Departments of the City on building and complex design to
assist with emergency access to the site and on facility
design in terms of "target hardening" against criminal
activity for both resldentlal and commerclal design.
(2 ) Pursuant to the amended Development Agreement,
entryways, elevators, lobbles and parking areas shall be
well-illuminated and designed with minimal dead space to
eliminate areas of concealment.
( e) The Final EIR found that, as compared to the
development allowed under the eXlstlng Development Agreement, if
a significant number of residential units were developed, the
project would likely have a significant effect on the demand for
park space and recreation services in the City. These impacts
would be reduced by payment of a Park and Recreatlon Facilities
fee, the provision of minimum amounts of private and common open
space per unit, and a requlrement of a children's play area if at
least 100 unlts are developed. However, it is anticipated that
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sign~ficant parks and recreatlon lmpacts would remaln after
implementation of this mitlgat1.0n measure because of the hlgh
demand created by residential units on park facilities and
recreation serv~ces.
(f) The CEQA-mandated env2ronrnentally superior alternative
was found to be res2dentlal development of the site, as analyzed
fully in Scheme C in the Final EIR. Although thlS alternative is
one of a range of development scenarios possible under the
amended Development Agreement, the developer would also be
permltted to construct a certain amount of general office,
neighborhood retail, supermarket and other related uses. In that
the existlng Development Agreement permits commercial office,
hotel and related uses, and the applicant is not proposing to
llmit development to residential uses, it is infeasible to
requlre the environmentally superlor alternative.
SECTION 2 The Final EIR found that the project would
result in sign~ficant unavo2dable adverse impacts upon parks and
recreation. Cons~stent with Article VI, Sect20n 13 of the City
CEQA Guidelines and Section 15093 of the State of California CEQA
Guidelines, the C~ty Council hereby makes a Statement of
Overridlng Considerations and finds that the benefits of the
project outweigh lts unavo2dable environmental impacts based on
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the following reasons:
(a) The allowance of new resldential units is consistent
with the Land Use and Circulation Element, including Policy
1.2.1, whlch states that the Clty should "encourage residential
mixed use of commercially zoned parcelsll and Policy 1.10.2, whl.ch
states that the City should II allow residential use ln all
commercial dlstricts, with ~ntensity governed by the appllcable
FAR and helght standards of each district. 11
(b) The allowance for new residential uses lS conslstent
with the policles of the Southern Californla Area Governments
(SCAG) , which promotes a balance of housing units and emploYment
opportunities (a lIjobsjhousing balance" ) as a means of reducing
trafflC congest lon, reducing vehlcle emlSSlons, decreasing
commute times 1 and reduclng the need for major capltal
expenditures for the development of mass transit facilitles.
SCAG identlfies Santa Monlca as a Jobs-rich subreglon and the
allowance of residential units at the Arboretum property is
consistent with the SCAG goal of . . the number of
lncreaslng
residential units in the City. The potential mixed-use nature of
the property, and the provision allowing commercial offlce space
to be provlded within resldential unl.ts, further enhances the
project's posltive effect In meeting SeAG jobs/housing goals.
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