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SR-8B (3) ~ " ( J~- 8 RESOLUTION NO 8857 (City Councll Serles) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE ARBORETUM DEVELOPMENT AGREEMENT AMENDMENT AND ZONING ADMINISTRATOR DETERMINATION AT 2000-2200 COLORADO AVENUE WHEREAS, a Notlce of Preparation of an Envlronmental Impact Report was lssued in December, 1993; and WHEREAS, a Notlce of Completlon of a Draft Envlronmental Impact Report was published In ~uly of 1994; and WHEREAS, the Draft EnVlronmental Impact Report was clrculated for a 45-day period; and WHEREAS, in October, 1994, the Final Envlronmental Impact Report was published; and WHEREAS, the Plannlng Commisslon has revlewed and consldered the contents of the Final EIR In its decision-making process; and WHEREAS, the Plannlng Commission recommended certificatlon of the Final EIR; and WHEREAS, on January 10, 1995, the Clty Councll, as Lead Clty Agency, reviewed the Flnal Envlronmental Impact Report, 28h 1 eff44 ~ -.. NOW, THERE~ORE, THE C:TY COUNCIL OF TEE CITY OF SANTA MONICA DOES rtEREBY RESOLVE AS FOLLOWS: S3CTION - The C~ty Ccuhc~l has revlewed and consldeyed the Flnal EnvJ.ronmeE::al Impact Report on the Arboretum lJevelopment Agreement Amend:nent and zonlng Admlnlstrator Dete::::-mlnatlon located at 2000-2200 Colorado Avenue prlor to actlng on ::he project. SECTION 2. ?t.e Clty Cauncll certl::ies that the envlrcnmental reVlew for the proJect was conducted ~~ full compllance Yilt:: State ana Clty CEQA Gludellnes, :.hat there was ade~~ate publlC yeVleW of the Draft Envlronmental Impac~ Report, that 1:' has consldered a~: comments on :.he Draft Environmern::al Impact Report and responses ::0 comments, t.hat cne Flnal E~Vl::::-o~mental Impact ?eport adequately dlscusses all slg~lficant environmental lssues, :.hat. :.he Flnal Envlronmencal Impact Report refleccs ::he ~ndependen:. =adgement of the Clty, and :.~at the Cl:'Y Councl~ has consldered :.he contents of tt.e Final 3nvlronmental Impact Report lTI ltS declslon-maklng process. SECTION 3. The Clty Clerk shall certlfy to the adoptlon of thlS ~esolatlOn, and thencefoyt:h and :.hereafter :.~e same shall ce In full force and effect::. APPROVED AS ~C FORM )~ jLUL{ftu MARS:rr.A .:; Jj1m.i"'TRI3 Clty Attorney wjarbcef44 ?{ 2 eff44 _. Adopted and approved tlus 24th of January, 1995 ~~ Mayor I hereby certify that the foregomg Resolutlon 8857 (CCS) was duly adopted at a meetmg of the CIty CouncIl held on the 24th of January. 1995 by the followmg vote Ayes Councllmembers Abdo. Genser. O'Connor. Ebner. Greenberg. Holbrook. Rosenstem Noes Councdmembers None Abstam Councllmembers ?\rone Absent Councllmembers None ATTEST /! f~AI/~ ,<:/;(-I~;~- . -~. - () CIty Clerk .-' i '- ............- RESOLUTION NO. 8858 (City Counc~l Ser~es) 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 certlfled an Environmental 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 wlth Artlcle VI, Section 12 of the City or Santa Monica CEQA GUldelines and Sect~ons 15091 and 15092 of the State of Cal~forn~a CEQA Guidelines, the City Council f~~ds teat most impacts resultl~g from the proJect can be reduced to an acceptable level. Most slgnlflcant environmental effects as ldentified below can feasibly be avolded and have been ellmlnated or substantlally lessened. The remaln~ng unavo~dable slgnlflcant effects cannot be fully mlt~gated but are nevertheless found to be acceptable due to overrldlng conslderatlons, as dlscussed In Bectlon 2. (a} The final EIR determlned that, without nltlgat~on a$ 1 eff45 P... 288 compared -to the development allowed under the eXlstlng Development Agreement, development under the proposed amended Development Agreement could signlf~cantly impact traffic flow at the lntersectlon of 20th Street and Broadway In the PM peak hour period, the lntersection of Centlnela and Colorado Avenues ln the PM peak hour period, and the lnterseetlon of 20th Street and Wilshire lD the AM peak period consistent Wl th Article VI, Seetlon 12 of the Clty CEQA GUldellnes and Sectlon 15091 of the State of Callfornia CEQA GUldellnes, the City Counell flnds that the followl~g ~ltlgatlon measures have been required In the pro] eet WhlCh Wlll Tn tigate these trafflc lmpaets to below the level of slgnlfieanee: (1) For the lntersectlon of 20th Street: and Broadway, the amended Development Agreement requires the appllcant to provlde =undlng for the des~gr. and lnstallatio~ of ~Ddated lntersection signal equlpment as part of the Clty'S eentrallzed computer slgnal control system. ThlS wlll lnclude a new slgnal controller, new slgnal poles, mast arms, slgnal heads and lnterconnect as deteymined by the Clty Parking and Trafflc Englneer The City has an on-golng prograrrt to create an lntereonnect network of slgnals of which this ~nprovement would be a part. 2 eff45 ~ · 289 (2) For the ln~ersection or Centl~ela and Colorado Avenues, the amended Development Agreement requlres the temporary westbound left turn lane which was recently lmple~ented on a temporary basls via restrlplng as part of the Mld-Clty Nelghborhood Trafflc Plan, to be made permanent. (3) For the lntersectlon or 20th Street and Wilshire Boulevard, the appllcant lS requlred ~nder the eXlstlng Development Agreement to restrlpe che norchbound approach on 20th Street to provlde two t::rough lanes :.nstead of one rlght-t1.lrn only lane and one through lane. When thlS 18 completed, the lmpact ~dentlfled for ChlS lnterseccion wlll be fully mitlgated. (bJ The :lnal EIR determlned that, wlthout :ri tigation and as comoared ~o the development allowed unaer the 2xlst:.ng Development Agreement, the proJect would have a potentlally slgnlflcant effect on energy consumptlon. Conslstent wlth Artlcle VI, Sectlon 12 of the Clty CEQA GUldelines and Sectlon 15091 of the State of California CEQA Guidellnes, the Clty Councll flnds that '.:he followlng 'lutlgacion measures have been required In the proJecc WhlC~ wlll mltlgate these energy lmoac~s to below the level of slgnlflcance: 3 eff45 ,. , 29U (1) Pursuant to the amended Development Agreement, exterlor walls and roofs shall be flTI1Shed wlth llght-colored materlals wlth hlgh emlSSlvl~Y characterlstlcs to reauce cooling loads. Interlor walls shall be finlshed wlth llght- colored materlals, excepc where dark colors are preferable for aesthetlc effect, to reflect ~ore llght and thus lncrease llghtlng efflclency. (2 ) Pursuant to the amended Develoomenc Agreement, a performance c~eck of the lnstalled space ccndlclonlng systew shall be completed by the issuance of a certlficate energy-efficlency ~easures operate as deslgr.ed developer/lns~aller Drlor to of occupancy ~o ensure that lncorporated lnto ~he proJect (3) Pursuant to the amended Developrrent _;;greemeno:., heat- reflect:.ve draperles shall De lnstalled o~ appropriate exposures. (4) Pursuant to the amended Development Agree~ent, DUllt-ln appllances, yefrlgerators, and space-condltlonlng equlpment shall exceed the mlnlmum efflcle~cy levels mandated ln the Callfornla Code of Regulatlons. 4 eff45 ". 291 (5) . Pursuant to the amended Development Agreement, the proJect applicant shall consult with the Southern Californla Edlson Company and the Southern Callfornia Gas Company regardlng any other feasible energy conservatlon measures that could be incorporated luto the deslgn of the proJect. (c) The final EIR determlned that, wlthout mltlgatlon and as compared to the development allowed under the eXlsting Development Agreement, the proJect would have a potentlally slgnlficant effect on light and glare ConSlstent wlth Article VI, Section 12 of the Clty CEQA GUldellnes and Sectlon 1509l of the State of Callfornla CEQA GUldellnes, the City Councll finds that the rollowlng ffiltlgatlon measures have been requlred In the proJect WhlCh will ffiltlgate these llght and glare l'1lpacts to below the level of slgnlflcance. (1) Pursuant to the amended Development Agreement, to mlnlmlze excessive light and glare, bUlldlng exterlors shall utl11ze low reflectlve materlals. Mlrrored glass and other hlghly reflectl ve bUllding mate:!:::'"ials shall not be utlllzed on the exterlor of the bUlldings. ! 2) Pursuant to the amended Development Agreement, all outdoor lightlng other than ldentlflcatlon slgnage shall be 5 eff45 ,," 2 9 2 directed from the perlmeter of the property toward bUlldlngs and parking areas utlllzlng cut-off fixtures to prevent nighttlme lllumlnatlon to spill onto adJacent properCles and on-Slte residencial uses. (3) Pursuant to the amended Development Agreement, exterlor bUlldlng courts and corrldor illumlnatlon shall be deslgned to mlnlmlze lntrusl ve glare on ad] acent ~and :lses. Low level securlty L.ghts shall be used along drlveway entrances. (4) Pursuant to the amended Development AgYeefllent, planc materlals, shade structures, and other archltectural deslgn features shall be ~sed, where approprlate, to decrease reflectlvlcy of hardscape and light and glare toward adjacent :and uses (d} The final EIR determlned that, without ~ltlgatlon and as compared to ~he development allowed under the eXlstlng Development Agreement, the proJect would have a potentlally slg~lf~canc effect on police protectlon by lncreaslng demand for t!l.lS serVlce ConS1SLent wlth Artlc~e VI, Sectlon 12 of the Clty CEQA GUldelines and Section 15091 of t~e State of Callfornla CEQA GUldellnes, the City Counell flnds that the followlng mltlgatlon 6 eff45 293 measures have been requ~red In the proJect Whlch will [f1ltlgate the pollce p~otection lmpact to below the level of slgnlflcance (1) Pursuant to the amended Development: Agree~ent, the proJect applicant shall work wlth the pollce ana Flre Departments of che City on bUlldlng and complex deslgn to aSslst wlth emergency access to the slte and on faclll'.::Y design In terms of I' '.:arge~ hardeningll agau:st criminal actlvlty for both resldenclal and commerclal deslgn (2) Pursuant to ~he amended Development Agreement, entryways, elevators, lobbles and parklng areas shall be well-lllumlnated and deslgned wlth ffilnlmal dead space to ellmlnate areas of concealment. , , :.e! The ~lnal EIR =ound that, as conparee to tr.e development allowed under '.:he eXlstlng Development Agreement, ~f a slgnlflcant number of resldentlal units were developed, the project would likely have a slgnlflcanc effect on the demand for park space and recreation serVlces ln she C:.ty These lmpaccs would be reduced by payment of a Park and Recreatlon Fac:.llc~es ree, the prOV1Slon of mlrrlmum amounts of prlvate and corrmon open space per ~nlt, and a requ:.rement of a chlldren's play area If at least 100 units are aeveloped. However, lt ~s antlclpated that 7 eff45 29.! Slgulficant parks lmole'llentatlon of and recreatlon lmpacts would remalU after demand created by thlS ml tigat.lon measure resluentlal unlts on Decause of ::he hlgh parK facllities and recreatlcn serVlces. (f) The CEQA-mandated envlronmentally superlor alternatlve was found to De resldentlal development of the site, as afialyzed :ully 1n Scheme C :.n the ?lnal EIR. Although this alter~atlve 18 cne of a range of developwent scenarlOS posslble ~naer the amended ~evelopment Agree~ent, the developer would also be permlttea to construct a certaln amounc of general offlce, ~eighborhood retall, supermarKet and other related uses. In that the eXlstlng Develooment Agreement permlts comffierclal offlce, hotel and related uses, and the appll.cant lS not proposlng ~o llmlt development to resldent:.al uses, it is infeasible to reqUlye the env~ronmentally sunerior a~ternatlve. SECT=ON 2. The Flnal EIR found that t.he pro] ect would result In slgnlflcant ~navoidable adverse lmpacts upon parks and rec~eat~on Cons~stent w~th Artlcle VI, Sect~on l3 of the C~ty CEQA GUldellnes and Sect:.on 15093 of ~he State of Callfornla CEQA GU1GellneS, the Clty Councll hereby makes a State~ent of OverrldlEg Conslderatlons and flnds chat the benefl~s of the proJect outwelgh ltS unavoldable envlronmental ~mpacts based on 8 eff45 ?flC\ the follow1ng reasons: (a) The allowance of new resldentlal unlts lS conslstent wlth the ~and use and Clrculatlon ~lement, includlng POI1CY 1.2 1, which states that the CJ.ty should "encourage resldentlal mixed use of commerclally zoned parcels!! and POllCY 1.10.2, WhlCh states =hat the C1CY should "allow resldential use in all commerclal dlSt~lC~S, Wlt~ lnteTIS1~Y gover=ed by the appllcable FAR and helght standards of eacr~ dlstrlct. II (b) The allowance for new resldem::'lal uses lS conslstent wlth the polJ.cles of the Southern Callfcrnla Area Governments (SCAG), which pro~otes a balance of houslng unlts and employment opportuni tles (a "J obs/housin.g :Oalance") as a means of reduci:lg trafflc congesclon, :::-educlng vehlcle eTTllSS10ns, decreaslng commute ~:...rrLes I a:1d redUC1::g the rceec:. for ~aJor caoltal expendlture8 for tt.e develop~ent of Tass ~ranslt =acl:lt~es SCAG ldentifies Santa Monica as a jobs-rlch subreglon and the allowance of residentlal unlts at the ArboretuIT property :.s conslstent wltn ~he SeAG goal of lTICreaslng the number of resldentlal unJ.ts l~ the Clty. The Dotentlal ~lxed-use nature of the property, and the prOV1Slon allowJ.ng commercial off~ce space to oe provided wlt::ln residem::.:.al '.J.nl.ts, =urther enhances :.he proJect's positlve effect in neetlng SeAG Jobs/houS1Ug goals. 9 eff45 .. 2~h (e) rThe C:.ty Caunell finds that the lnclusionary houslng conditions lmposea on ~he proJect are conslstent wlth the ::ncluslonary houslng mandate of Proposl tlon R. As suen, the proJ ect has the potentlal t.o lncrease -:he number of low and moderate lneome resldential unlts ~n the Clty, both through on- site deed-restrlcted unlts and through the payment of lneluslonary fees, WhlCh lS an lmportant goal ldentlfled In the HOUS1~g Element of che General Plan. (d) The a~ended Development Agreement lDcludes requirements for minimum amounts of common, prlvate open space per unit and, ~f at least :00 ~nlCS are developed, a requlrement for a children's p.Lay area. Whlle not totally nl tlgating the slgnl::.cant lmpacts on park and recreatlon, these Yequlreffients will part:.ally meet the new demand =or park space created by the construc~lon of new resldentlal UTIltS. (e) The amended Development Agreement lncludes a requlremenc that a Parks and Recreatlon fee exceeding the standard $200jUDlt be pald for each yesldentlal unlt constructed. Whlle t:as fee has noc Deen founci to nltlgate the assoclated l~paccs below tbe level of slgnlflcance, :.t lS greater than the $200 parks fee WhlCh applles to standard ~ultlfamlly resldential development throughout the Clty 10 eff45 2q? , . SECTIGN 3. Conslstent wlth Sectlon 21081 6(d) of the Californla Envlronmental Quallty Act, the documents which constltute the record of prOCeeGlngs for apprcvlng thlS proJect are located ln the Plannlng and Communlty Development Department, 1685 Maln Street, Room 212, Santa Monlca, Callfornia. The custodian of these documents lS ASsoclate Planner Drummond Buckley SECTION 4: The Clty Clerk shall certlfy to the adoption of thlS Resolutlon, and ~hencefor~h and thereafter the same shall be In full force and effect. APPROVED AS TO FORM ~A;L--:> f~'-fLq , MARSHA JO~S MOUTRIE Clty Attorney f:\ppd\share\eirtemps\arboef45 11 eff45 .'. 2" 0 Adopted and approved thlS 24th of January. 1995 /aJ~ Mayor I hereby cemfy that the foregomg Resolunon 8858 (CCS) was duly adopted at a meenng of the CIty Councll held on the 24th of January. 1995 by the followmg vote Ayes Councllmembers Abdo. Genser. O'Connor. Ebner. Greenberg. Holbrook. Rosenstem Noes CouncIlmembers :'\f one Abstam Councllmembers None Absent CouncIlmembers ~one ATTEST /': J / / ,- . ~. j \ "l rt-F{ J/'l f L"IJ;:{ " v{/---t.v-11;,0/~ , - / - ,/ U CIty Clerk