R-10298Attachment D
RESOLUTION NUMBER 10298 (CCS}
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONIGA, CALIFORNIA, STATING FOR THE RECORD THAT THE CITY
COUNCIL HAS REVIEWED AND CONSIDERED THE INFORMATION IN
THE CERTIFIED FINAL EIR .FOR THE UPDATED CIVIC CENTER
SPECIFIC PLAN, AS AMENDED BY THE ADDENDUM APPROVED BY
THE CITY COUNCIL IN CONNECTION WITH THE APPROVAL OF THE
DEVELOPMENT AGREEMENT FOR THE VILLAGE AT SANTA MONICA
ON MAY 13, 2008
WHEREAS, in 1993, the City Counci( (a) amended the Land Use Element of its
then-current. General Plan to provide that land uses and development intensities in the
area bounded by Fourth Street; Pico Boulevard, Oceah Avenue and the Freeway (the
"Civic Center") were to be determined by policies contained in the Civic Center Specific
Plan; and (b) adopted a Civic Center Specific Plan (the "1993 CCSP"}; ,
WHEREAS, in Aprif 2000, the Redevelopment Agency of the City of Santa
Monica (the "Agency") purchased 11.3 acres of land in the Civic Center from The Rand
Corporation, a California corporation ("RAND"), which includes approximately 3.7 acres
of land. (the "Project Land");
WHEREAS,. in January 2001, the City embarked on a comprehensive update to
the 1993 GCSP and, in April 2402, the City Council initiated the update to the-1993
CCSP ("Updated CCSP"), which included a housing component to be developed on that
portion of the Project Land described as "The Village Special Use District;"
WHEREAS; in 2003, the City began preparation of the Environmental Impact
Report for the Updated CCSP under the California Environmental Quality Act (California
Public Resources Code Sections 21000 et seq., herein :referred to as "CEQA") and
published SCH N0. 2003t)11074 (the "Draft EIR");
WHEREAS; the Draft EIR analyzed various potential environmental impacts of
the Project and was released for public comment on June 4; 2044 and the final version
of the EIR (the "Final EIR"} was issued in October 2004;
WHEREAS, on June 28, 2005, the City Council adopted the Updated CCSP (as
adopted, the "2005 GCSP") and certified the Final EIR (as certified, the "EIR°);
WHEREAS; on January 1Q, 2006, the City Council approved Related/Santa
Monica village, LLG (the "Developer"), as the developer for the Village Special Use
District component of the 2005 CCSP and authorized the negotiation of a Disposition
and Development Agreement by and between the Agency and Developer (the "DDA")
and related documents between the Agency and Developer,
1NHEREAS, Developer proposes to develop on the Project Land amixed-use
project to be known as the '~Ilage at Santa Monica which, generally; includes the
following elements (the "Project"}, in a manner designed to promote the goals,
objectives and policies of the 2005 CCSP and the Redevelopment Plan for the
Earthquake Recovery Redevelopment Project adopted by the Redevelopment Agency
(the "Redevelopment Plan"):
(1) Approximately 325 new residential dwelling units, including 160 affordable
units and live/work units suitable for. artists;
(2} Approximately 20,000 square feet. of neighborhood and visitor-serving
commercial uses, including retail and restaurant uses and approximately 3,000 square
feet of outdoor seating area for restaurant use; and
(3) Open space as reflected on the Project Plans;
(4) Infrastructure improvements and other public benefits;
WHEREAS, at a joint meeting duly held on August 14, 2007, the Agency
conceptually approved the design concept plan for the Project, authorized Developer to
apply to the City for a Development Agreement and related entitlements and discrete
amendments to the 2005 .CGSP, and authorized the negotiation of a Development
Agreement between the Gity and Developer for the Project;
WHEREAS, on becember 12 and 21, 2007, respectively, Developer filed the
following applications with the Gity:
(1} An Application for a Development Agreement pursuant to
Section 9.48.020 of the Santa Monica. Municipal Code pertaining to development of the
Project (07DA-008; the "DA Applicaticn"); and
{2) An application {the "CGSP Application"} for amendments to the 2005
CGSP (tfie "CGSP Amendments"};
WHEREAS; on December 12, 2007, Developer filed with. the City applications for
vesting. tentative tract maps (the "Tract Map Applications°) to, among other things,
create a subdivision consisting of masteclot 1 on Site A and B, an air parcel on Site B;
and to merge and resubdivide for condominium and retail purposes on Site C (the °7ract
Maps"), copies of which are attached to the Development Agreement as Exhibit "B"
thereto; ,
WHEREAS, following the filing of the DA Application, the CCSP Application and
the Tract Map Application,. the City prepared an Addendum to the 2005 CCSP EIR
pursuant to CEQA Guidelines §15164, and processed for review amendments to the
Land Use and Circulation Element ("LUCE Amendments°) and amendments to Part
9.04.08.32 of the Santa Monica Municipal Code for the Civic Center District ("Zoning
Amendments")~
WHEREAS, the City's Planning Commission held a duly noticed public hearing
on April 16, 2008 with respect to the Project, the CEQA Addendum, the DA Application,.
the CCSP, LUCE and Zoning Amendments, and the Tract Map Application, and
recommended adoption of the Addendum and approval of the Development Agreement,
the CCSP, LUCE and Zoning Amendments and the Tract Map, all based on the
requisite findings.
WHEREAS; on May 13, 2008, the City Council held a duly noticed public hearing
relating to the Project and, following completion of the hearing., the City Council took the
fo0awing steps:
(1) The Gity Council considered an addendum to the 2005 CCSP ElR
pursuant to CEQA Guidelines §1.5164 (collectively, the "CCSP EIR");
(2) The City Council approved the LUCE, CCSP and Zoning Amendments;
adopted Ordinance No. approving the Development Agreement and
authorizing. its execution by the City Manager contingent upon and subject to the
required approvals for the DDA and the execution of the DDA by the Executive Director
of the Agency and Developer; and approved the Tract Maps (the 2005 GGSP, as
amended by the CCSP Amendments, is referred to herein as the "CCSP"};
WHEREAS, the DDA is now subject to consideration far approval by the City
Council at the joint public hearing on June 10; 2008;
WHEREAS, Public Resources Cade section 21166 ("Section 21166") provides
that when. an €IR has been certified for a project, no subsequent or supplemental EIR
shall be required by the lead. agency or by any responsible agency, unless one or more
of the following events ("21166 Events") occurs:
(a) Substantial changes are propased in the project which wilt require
major revisions of the environmental impact report.
(b) Substantial changes occur with respect to the circumstances under
which the project is being undertaken which will require major revisions in the
environmental. impact report.
(c) New information, which was not known and could not have beep
known of the time the environmental impact report was certified as complete, becomes
available;
WHEREAS, the DDA contemplates the Agency's disposition of the Project Land
to the Developerand'the development of the Projec# on the Project land in accordance
with the Development Agreement and the additional requirements of the Agency
relating to the 16Q affordable units and live/work units suitable for artists;
WHEREAS, the City Council has determined that none of the 21166 Events has
occurred because the significant environmental effects resulting from -the Developer's
implementation of the Development Agreement will be the same as for the DDA, all of
which have been fully analyzed in the CGSP EIR:
NOW, THEREFORE, the Gity Council of the City of Santa Monica, California,
hereby resolves as follows:
SECTION 1. That the information contained in CCSP .EIR. has been reviewed
and considered by the City Council and it is determined that nd substantial changes or
new information within the meaning of Section 21166 would warrant any additional
environmental review in connection with approval of the DDA.
SEGTIDN 2 Upon the approval of the DDA. ny the City Council, the Executive
Director of the Agency is directed to file a Notice of Determination [NflD] with the Clerk
of the Recorder's Office atthe County of Los Angeles regarding the Project.
$EGTION 3. The City Clerk shall certify the adoption of this Resolution and
thenceforth and thereafter the same shall. be in full force and effect.
APPROVED AS TO FORM
Marsha Jo es Moufr'
City Attom y
4
Adopted and approved this 10th day of
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Resolution No. 10298 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 10th day of June, 2008, by the following vote:
Ayes: Council members: Censer, McKeown, O'Connor
Mayor Katz
Noes: Council members: Holbrook,Shriver
Abstain: Council members: None
Absent: Council members: Mayor Pro Tem Bloom
ATTEST:
Maria Stewart, Cit Clerk 1