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SR-417-002-09 (4) '8A FER 2\ 8; 2006 Council Meeting: February 28, 2006 Santa Monica, CA TO: Mayor and City Council FROM: City Staff SUBJECT: Adoption of a Resolution Certifying of the Downtown Parking Program Environmental I mpact Report, Adoption of a Resolution Making Necessary CEQA Findings, Adoption of a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program, and Approval of Program to Retrofit, Rebuild and Add Parking Resources in Downtown Santa Monica and Authorization to Proceed with Implementation of the Program INTRODUCTION This report recommends that the City Council certify the Downtown Parking Program Environmental Impact Report (EIR) and approve a Statement of Overriding Considerations for seismic retrofitting of two nine-story parking structures; tearing-down and rebuilding three five-story parking structures; and adding up to two new parking structures in the Downtown area, with a total net increase of 1,712 parking spaces and approximately 59,000 square feet of ground-floor commercial space. The report recommends that Council approve the Downtown Parking Program and authorize staff to proceed with implementation of seismic retrofit of Structures #4 and #2; acquisition and design of new perimeter parkiQg resources; and a design development process focused on the three structures to be demolished and rebuilt. BACKGROUND On April 9, 2002, the City Council conceptually approved the Downtown Parking Task Force's recommended strategic plan to retrofit, rebuild and add parking resources in the Downtown area over a ten-year period. Council authorized staff to prepare a programmatic EIR, to analyze the potential for new revenue sources to fund the program and to proceed 2 8 2005 1 VA with next steps towards property acquisition or joint development options for new perimeter structures, predicated on the identification of funding. On December 19, 2000, City Council established the Downtown Parking Task Force. The task force was created in response to a Planning Commission suggestion for a public process to assess community sentiment concerning a recommendation in the "Downtown Parking Management Program" report by Kaku Associates, dated April 2000, for the need to add public parking in the downtown. The Planning Commission also requested that cost and traffic impacts be assessed as part of the process. The six-member Downtown Parking Task Force consisted of three City Council members, one Planning Commissioner and two Bayside District board members. As a parallel method to assess community sentiment, questions were added to the City's annual public opinion telephone survey, conducted in November 2000, to provide input to the task force. The results provided confirmation that the vast majority of residents regularly visit downtown (66% responded once-a-week and 91 % responded at least once- a-month), use the parking resources and report difficultly in finding parking. Almost two- thirds of the residents thought that the amount of parking in Downtown should be increased. Parking continues to be ranked as one of the most important issues facing Santa Monica in recent resident surveys, although specific questions focused on Downtown have not been included. In the 2005 survey parking ranked as the third most important issue facing Santa Monica, after the homeless and traffic and was considered a serious issue by 62% of residents. 2 The task force developed a strategic and flexible approach to address the needs of the aging structures as well to add parking. A considerable amount of effort was dedicated to determining whether and how much additional parking was needed. A target parking ratio was developed through a comparison with cities that rely on shared parking and strong transit connections, including Portland, Oregon; Portsmouth, New Hampshire; and Alexandria, Virginia. These cities exhibited parking ratios ranging from 1.5 to 2.2 spaces per 1,000 square feet of commercial development. A ratio of 2.1 parking spaces per 1,000 square feet of commercial development was set as the goal for the Bayside area based on recent empirical data. It was considered to be ambitious, considering the regional attraction of the Promenade, the high proportion of retail and entertainment uses, and Southern California's dependence on driving. The strategy was framed within the context of a "Park Once -Pedestrian First" orientation to encourage visitors to drive as little as possible. It was developed based on the premise that the existing structures are in the ideal location, so that the City should maximize the potential of these structures, while additional resources should be located within easy access to the core of downtown to expand the vitality of the core area. The task force also recommended a dedicated user-friendly tram to facilitate the "Park Once" concept. The proposed strategy recommendations encompass the following components: . Retrofit the tall structures: The three tall structures (#2, 4 & 5) provide approximately 650 spaces each and would provide very little gain in spaces, if any, by tearing them down and rebuilding them. Therefore, even though the structures 3 have deficiencies due to their age, they should be maintained and upgraded. The work on Structure #5 is complete. Ultimately, over a 20-year time span, the City may decide to rebuild these structures for functional reasons, but this would be a significant expense for no gain in the number of spaces. . Rebuild the short structures and add spaces: The task force determined that the effective long-term strategy is to demolish the short structures (#1, 3 & 6), which average about 325 spaces per structure, and rebuild them with additional parking levels and ground floor retail, adding approximately 712 spaces. Rebuilding, rather than retrofitting will address the underlying functional problems, including improved traffic/pedestrian circulation, handicap accessibility, ground-floor retail and high ongoing repair requirements. . Additional parking on Downtown perimeter: The task force concluded that since current parking resources are near capacity and incremental growth will continue in the downtown area, additional parking resources are needed. It was determined that new parking resources should be located within walking distance ofthe core of Downtown to expand the vitality of the core area. The task force identified the 5th Street vicinity as the ideal walkable distance. The task force recommendation calls for the construction of 1 ,000 spaces in two structures over a ten-year time span, one near the beginning of the ten-year period and one at the end of the ten years. A detailed phasing plan was a critical component of the recommended strategy in order to 4 avoid a net reduction in parking supply during construction. Parking availability is important to the economic vitality of the downtown area and even a temporary reduction in available spaces would have a negative impact. The phasing plan was dependent on two sources of replacement parking: the construction of the new Civic Center parking structure and the creation of new public parking resources in the vicinity of 5th Street. The task force recommended that the program be assessed every two years in order to ensure that each succeeding component of the program is needed, based on updated development and utilization information, and that there is adequate revenue to fund the next phase. DISCUSSION CEQA ANALYSIS: A Program Environmental Impact Report (EIR) has been prepared in accordance with California Environmental Quality Act (CEQA) Guidelines. The Initial Study/Neighborhood Impact Statement and Notice of Preparation (NOP) were distributed for agency and public review, with a public scoping meeting held on January 13, 2003 and the 30-day review period concluding on January 31, 2003. Copies of the Draft Program EIR were made available for a 45-day public review period, which closed on October 18, 2005. The scope of the EIR includes environmental issues determined to be potentially significant by the Initial Study and responses to the NOP. Issues in the Initial Study found to have less than significant impacts or no impacts do not require further evaluation. Based on the 5 analyses contained in the Initial Study/Neighborhood Impact Statement, the EIR analyzes the following environmental issues: · Transportation and Circulation · Air Quality · Noise and Vibration · Land Use and Planning · Aesthetics/Shadows · Construction Effects · Neighborhood Effects The EIR analyzed issues referenced above and identified potentially significant environmental impacts, including program-specific and cumulative effects within the context setting, in accordance with the provisions set forth in the CEQA Guidelines. The EIR recommends mitigation measures for significant impacts, where feasible. To be feasible, the mitigation measure must eliminate or reduce the adverse effect, without creating unacceptable secondary impacts. Significant and mitigable impacts were found in the areas of Aesthtics/Shadows and most Construction Effects. A brief description of the impact and summary of the recommended mitigation measures for these mitigable impacts are provided in the Executive Summary of the EIR. Significant and unavoidable impacts that cannot be mitigated are identified in the EIR as follows: · Transportation and Circulation - unmitigable significant traffic impacts to eleven intersections, including PCH / California Incline, Ocean Avenue / Colorado Avenue, 4th Street / Broadway, 4th Street / Colorado Avenue, 4th Street /1-10 Westbound off- ramp, 4th Street / 1-10 Eastbound on-ramp, 5th Street / Colorado Avenue, Lincoln Boulevard / Wilshire Boulevard, Lincoln Boulevard / Santa Monica Boulevard, Lincoln Boulevard / Broadway, and Lincoln Boulevard / 1-10 Westbound ramp; and immitigable significant traffic impact on the 1-10 Freeway segment east of Cloverfield Boulevard. More information on the traffic and circulation study is provided below. 6 · Air Quality - unmitigable significant air quality impacts related to NOx emissions from vehicle trips and the use of natural gas and electricity use in the parking structures and associated commercial development. · Construction Effects - unmitigable significant air quality impacts from construction related activities generating regional NOx and localized PM1Q emissions. There would also be secondary traffic impacts at the intersection of Fourth Street and Olympic Drive/I-10 eastbound on ramp and Fourth Street / Pico Boulevard due to replacement parking at the Civic Center structure during construction of Phases 3 and 4 of the Program. · Neighborhood Effects - unmitigable significant impacts identified in Transportation / Circulation and Construction Effects above. Transportation and Circulation The City's standard methodology represents a conservative estimate of tHe traffic impacts for this project because the program is primarily intended to provide parking for development and traffic growth anticipated in the future. By including an ambient growth factor on top of the cumulative base projects plus the projected trips due to the program, the impacts are essentially overstated. For this reason, the EIR document included an alternative analysis of the cumulative base plus the project impacts without including an ambient growth factor. The other consideration not factored into the standard analysis is that availability and easy access to additional parking in the downtown could improve traffic flow. However, the mitigation measures and conclusion of the analysis are based on the standard methodology. The transportation and circulation study for the project analyzed 33 intersections during weekday and weekend peak-hour conditions. Currently, four of the intersections operate at unacceptable (Level of Service E or F) conditions during the weekday or weekend peak- hour. The City's standard methodology for generating future conditions without the project 7 would have assumed a future year of 2012, however, the year 2015 was used for this analysis to anticipate the conclusion of the 10-year phased Program implementation. Even without the project, 14 intersections are projected to operate at Level of Service E or F during the weekend or weak-day peak-hour in 2015 after factoring in the ambient yearly growth in traffic and the cumulative projects occurring in that time span. The transportation analysis examined significant impacts related to Levels of Service (LOS) and volume/capacity ratios for the project. Significant impacts are projected to occur at the following fourteen intersections: . PCH / California Incline . Ocean Avenue / California Avenue . Ocean Avenue / Colorado Avenue . Ocean Avenue / PCH Ramps . 4th Street / Broadway . 4th Street / Colorado Avenue . 4th Street! 1-10 Westbound off-ramp . 4th Street /1-10 Eastbound on-ramp . 5th Street / Colorado Avenue . Lincoln Boulevard / Wilshire Boulevard . Lincoln Boulevard / Santa Monica Boulevard . Lincoln Boulevard / Broadway . Lincoln Boulevard / Colorado Avenue . Lincoln Boulevard /1-10 Westbound ramp Mitigations measures identified for three of the intersections, Ocean Avenue / California, Ocean Avenue / PCH Ramps and Lincoln / Colorado Avenue, would reduce the impacts to less than significant levels. The adverse environmental impacts identified at the other eleven intersections cannot be feasibly mitigated due to physical constraints that would require narrowing or eliminating sidewalks, compromising pedestrian crossing facilities or encroaching upon adjacent properties to implement mitigation. These mitigation measures would themselves result in significant negative impacts. Narrowing sidewalk widths or 8 eliminating sidewalks adversely affects the pedestrian environment by reducing the walking area for pedestrians and potentially forcing pedestrians into the street. Eliminating crosswalks would lengthen pedestrian crossing times by reducing direct routes. Encroachments on adjacent properties would involve removing parts of landscape areas or buildings, which would negatively effect the environment by removing adjacent green space that provides visual relief, by reducing private and public facilities' ability to provide services to customers and the public and by reducing the interest and variety of the pedestrian experience. Mitigation through widening of City streets to accommodate additional vehicle trips is contrary to City policy where the preservation of neighborhoods and the pedestrian environment is highly valued. Four intersections, PCH / California Incline, 4th Street / 1-10 westbound off-ramp, 4th Street / 1-10 eastbound on-ramp and Lincoln Boulevard 1-10 westbound ramp involve Caltrans ownership and implementation of mitigation is beyond the control of the City. A significant traffic impact on the 1-10 Freeway segment east of Cloverfield Boulevard is also identified, but cannot be feasibly mitigated because the scope of the freeway improvements (widening) is beyond the control of the City. Alternatives Section 8 of the EI R analyzed eight alternatives to the proposed project that were selected for their potential to lessen significant environmental effects resulting from implementation of the proposed Program and/or to explore alternative locations and development scenarios. The alternatives include: 9 . Alternatives 1 and 2 represent no spaces added and, respectively, consist of a No Project Alternative (as required by CEQA) and a scenario that assumes retrofitting the existing structures, only. . Alternates 3A and 3B present a reduced number of total spaces by adding only the new structures or only rebuilding the existing structures, respectively. . Alternative 4 analyzed the impacts of the full number of spaces, but locating the new structures slightly outside the area designated by the Downtown Parking Program. . Alternatives 5A, 5B and 5C analyze variations that include mixed use above ground and either more parking below ground, a reduced number of total spaces or additional spaces added in a perimeter location, respectively. Alternative 3B is identified as the environmentally superior alternative because of the reduced intensity and partial fulfillment of the program objectives by providing an additional 712 net new spaces. However, the alternative still results in significant and unmitigable traffic impacts at eight intersections, adds a new construction impact due to a lack of replacement parking, would create significant levels of NOx and PM10 during construction, and adds new Neighborhood Effects resulting from a long-term shortage of parking. While Alternative 3B would reduce the Program impacts, this reduction is commensurate with a reduction in the achievement of the Program objectives. Program objectives would be fulfilled in the short term, but the ability to meet on-going parking needs would be constrained. The original Kaku study identified a near-term need for over 1,000 spaces and the subsequent Downtown Task Force assessment identified the longer-term objective at total net gain of 1 ,712 spaces. Thus, Alternative 3B would result in a long-term deficit of 1,000 spaces. Additionally, Alternative 38 would not expand the downtown walking district, a stated goal of the Program identified by the Downtown Parking Task Force as a tool for 10 implementing a next phase of the Downtown Urban Design Plan. In the long range, this alternative could adversely affect the downtown economic viability and vitality. As detailed in Attachment C, the other alternatives either are not feasible, do not meet the program objectives or are not environmentally superior. Statement Of OverridinQ Considerations In order to approve the project, the City Council must certify the EIR and adopt a statement of overriding considerations. A statement of overriding considerations is a finding by the City Council that the benefits of a proposed project outweigh the unavoidable adverse environmental impacts. Staff recommends that a statement of overriding considerations is warranted because the Downtown Parking Program will: . Support the downtown area as an economically viable district by maintaining a balanced approach of providing access to and within downtown, including an adequate supply of parking. . Provide parking facilities in the downtown to maintain the current level of parking in proportion to commercial development. . Continue to facilitate the successful and innovative approach to parking based on a shared parking concept rather than tying parking requirements to each individual development. . Facilitate downtown circulation and accessibility by continuing to provide parking resources within a walkable distance from downtown uses. . Continue to expand the vitality of the downtown district in accordance with the goals developed in the Downtown Urban Design Plan. . Facilitate the continued availability and operation of the large number of spaces ideally located within the downtown area through seismic retrofit of the tall structures (#2 & #4.) 11 . Improve utilization, efficiency and short-comings of the three 5-level (short) structures by improving accessibility, circulation and adding spaces. . Increase the activity at sidewalk level by including ground-floor commercial space in the new and rebuilt structures. . Reduce ongoing and increasing capital replacement requirements by tearing down and rebuilding forty year-old parking structures. Additionally, Incorporate environmental sustainability into the new and rebuilt structures. Comments on EIR A total of seven comment letters on the draft EIR received during the comment period are included in the Final EIR along with responses to the comments (Section 1 of the EIR.) An eighth comment letter was received after the close of the comment period and is addressed here. The Bay City Women's Club (Club) raised the issue that use of the Club's surface parking lot directly north of Structure #1 was not adequately addressed in the EIR. The Club stated that if the City's recent interest in acquiring the site was for the purpose of expanding the existing parking structure, the EIR had failed to properly identify the scope of the project and assess the potential impacts on the historic Women's Club Building. While the City indeed made preliminary inquiries about the Club's interest in selling the parking lot, the Club told the City that it was not interested. Consequently, negotiations for the purchase of this site did not commence and no offer was made. As such, the EIR's analysis is appropriate. 12 PROGRAM IMPLEMENTATION: Funding, Parking Fees and Parking Demand: The conceptual Downtown Parking Plan adopted by Council in 2002 was estimated to cost $92 million, not including the cost of the recommended tram operation. The original charge from the Council for the task force was to develop a program that would not require additional General Fund subsidy. A central feature of the program, as proposed, was that people who benefit from the parking would pay for it. The task force recommended moderate rate increases for all classes of parkers within the context of not driving business away from downtown. They also recommended that the property owners contribute through assessments so that short-term visitors would not have to pay the true cost of parking. The recommendation to increase metered rates in the downtown to $1/hour has been implemented, but monthly and short-term rates for those who park off-street have not been increased. If the Council goes forward with the program, it should direct staff to prepare a funding plan, identifying any proposed fee increases or City subsidies. At the core of this project is the desire to create the right amount of parking for the downtown, Le., enough so that downtown can continue to be an economic anchor and great place for recreation, but not so much that City streets are choked with vehicles. For the purposes of the study, demand for parking in the downtown was assumed to be proportional to the square feet of development, at the same rates of parking per square foot of development that is observed today. The downtown parking plan outlines a specific strategy that would allow the City to meet this demand if development proceeds at a rate approximating development over the past 10 years, roughly 50,000 square feet per year. 13 The plan also recognizes a preference for the economic and recreational activity to occur in the downtown without as many cars. The proposed program builds on the current model, which provides off street parking near but not on the site of each downtown destination. It also builds on the current model of charging people who park. If people who come to the downtown don't value the parking enough to pay for it, that is a good sign the land could be better used for something else. The plan includes not only a strategy to build for the parking demand that is expected, but also a mechanism to allow the program to be adjusted if future conditions change. The key element is a biennial review of progress and parking occupancies. This will allow the City to monitor conditions and make adjustments, either to the parking development program, to parking fees, or to other programs that affect people's decisions how and when to come downtown. Parking Structure Phasing/Next Steps: · Seismic retrofit, painting and upgrade to frontages. The design of Structure #4 will be underway this year and the implementation is anticipated to occur late 2006 or early 2007. The upgrade of Structure #2 will follow shortly after Structure #4 is completed. There is a coordinated plan to design and implement fayade improvements. · Staff is continuing to investigate opportunities to implement the proposed expansion of parking facilities in the perimeter area to ensure that adequate replacement parking is in place once the Civic Center parking structure is no longer available as replacement parking for the downtown. 14 · Staff will develop an approach for the re-building of the three existing structures. · Staff in collaboration with the Finance Department, Redevelopment Agency, and the City's financial advisors will develop a Downtown Parking Program funding plan in accordance with the City's debt financing plan. BUDGET / FINANCIAL IMPACT Adoption of the Downtown Parking Program EIR will have no direct impact on the budget. Each proposed Program implementation step will be reviewed by Council prior to action and will include an assessment of budget and financial impacts. RECOMMENDATION It is recommended that the City Council take the following actions associated with the environmental review of the Downtown Parking Program: 1) Adoptions of a Resolution Certifying the Final Program Environmental Impact Report. 2) Adoption of a Resolution Making Necessary CEQA findings, adopting a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program. 3) Approve the Downtown Parking Program. 4) Authorize staff to proceed with next steps to implement the Downtown Parking Program, including the procurement of design services. Prepared by: Andy Agle, Interim Director, Planning and Community Development Department Ellen Gelbard, Deputy Director, Planning and Community Development Department Lucy Dyke, Transportation Planning Management 15 Reviewed by: Jeff Mathieu, Director, Resource Management Miriam Mack, Manager, Economic Development Manager Tina Rodriguez, Manager, Redevelopment Administrator Craig Perkins, Director, Environmental and Public Works Management Tony Antich, City Engineer Steve Stark, Director, Finance Department Exhibits: A - Final Program Environmental Impact Report Downtown Parking Program, January, 2006 B - Resolution Certifying the Final Environmental Impact Report C - Resolution Adopting a Statement of Overriding Considerations/ Mitigation Monitoring and Reporting Program 16 EXHIBIT A Final Program Environmental Impact Report Downtown Parking Program, January, 2006 Available at City Clerk's Office EXHIBIT B See Adopted Resolution 10117 CCS , . "<" ~, Resolution of Statement of Overriding Consideration City Council Meeting: February 28, 2006 Santa Monica, California RESOLUTION NO. (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING FINDINGS NECESSARY TO APPROVE THE DOWNTOWN PARKING PROGRAM, 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 Downtown Parking Program; 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 February 28, 2006, 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 1 considered potentially significant and were not addressed further in the Final EIR: geological/soils, biological resources, hazards/hazardous materials, recreation, mineral resources, population /housing, utilities service systems, cultural resources, economic/social impacts, hydrology/water quality, public services and agricultural resources impacts. 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 in Sections 4.11 ,4.12, 4.13, and 4.15 incorporated by reference, the City Council finds that there are no significant impacts for noise & vibration and land use & planning. 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 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 effects in the areas of transportation/circulation, air quality, construction effects specific to air quality 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 6 below. 2 (a) The Final EIR determined that without mitigation, the project could have a potentially significant effect on aesthetics/shadows. 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 the Final EIR at Section 4.5, incorporated herein by reference, 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: Liqht and Glare . Shielded Interior Lighting. The City shall design the parking structures and related lighting to ensure that no light extends onto adjacent light sensitive receptors. The lighting shall be focused within or on the parking structures and pedestrian areas, incorporating cut-off shields as appropriate, to prevent light spillover onto adjacent light sensitive receptors. . Landscape/Exterior Lighting: Landscape illumination and exterior sign lighting shall use low-level, unobtrusive fixtures that shield and direct light pools away from off-site viewers. Shade and Shadows . The City shall conduct a shade/shadow analysis for Structure Nos. 11 and 12 to determine if these structures would shade shadow-sensitive uses for more than three hours between the hours of9:00 A.M. and 3:00 P.M. PST between late October and early April, or for more than four hours between these hours between early April and late October. If shading of light-sensitive uses occur, then analysis of the City's assessment factors (including affected land use, duration, time of day, season, extent, nature ofthe shadow, and pre-existing conditions) would be made. If determined necessary, the structure shall be modified either in terms of location or design so as to minimize adverse shading effects. (b) The Final EIR determined that without mitigation, the project could have potentially significant effects due to the effects of traffic congestion from parking shortages, 3 truck traffic, air quality and noise related to construction activities. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and as detailed in the Final EIR at Section 4.6, incorporated herein by reference, the City Council finds that the following mitigation measures have been required in the project that will mitigate or reduce the construction impacts of traffic congestion from parking shortages, noise and truck traffic to below a level of significance: Traffic Conoestion From Parkino Shortaoes The City shall prepare and implement a Parking Replacement Plan during Phases 1 through 4 of the Parking Program to offset Program and cumulative temporary parking shortfalls during construction of the structures. A Replacement Plan shall be prepared prior to the loss of parking spaces and shall include: . The use of surplus parking spaces in the Main Library parking structure during Phase 1 of the Program to offset the temporary loss of spaces due to the seismic retrofit of Structure NO.4. . The use of the 580 spaces in the Civic Center parking structure during Phases 3 and 4 of the Program as incorporated in this analysis to address cumulative impacts. The City shall notify contract parkers in writing prior to the shift in location of their parking spaces. This mitigation measure will result in temporary secondary traffic impacts at three intersections: Ocean Avenue/Neilson Way/Pico Boulevard, Fourth Street and Olympic Drive/I-1 0 eastbound on-ramp, and Fourth Street / Pico Boulevard. o Ocean Avenue/Neilson Way/Pico Boulevard will be mitigated through Mitigation Measure T-2, as part of the Civic Center EIR Council Resolution No. 9853, adopted May 20, 2003, and incorporated herein by reference, and includes a protected/permissive phase for westbound left-turn movements and modified intersection striping. o The adverse traffic related impacts at Fourth Street and Olympic Drive/I-10 eastbound on-ramp and Fourth Street / Pico Boulevard can not be feasibly mitigated, as physical constraints would require narrowing or eliminating sidewalks and encroaching on adjacent public and/or private properties to implement mitigation. These mitigation measures would themselves result in significant negative impacts to the area. Narrowing or eliminating sidewalks 4 adversely affects the pedestrian environment by reducing the walking area and potentially forcing pedestrians into the street. Encroaching on adjacent properties would require removal of landscaped areas and reduction of public facilities/buildings and private buildings. These actions would negatively affect the environment by removing green space that provides visual relief, by reducing public and private facilities' ability to provide services to the public, high school students and customers, and by reducing the interest and variety of the pedestrian experience. Mitigation through widening of City streets to accommodate additional vehicle trips is contrary to City policy where preservation of the pedestrian environment is highly valued. . The City shall provide transportation, such as a shuttle service, from the Civic Center parking structure to/from the downtown for contract parkers shifted to the Civic Center parking structure as a result of Program mitigation. . If necessary, the City shall ensure that surplus parking spaces in private development are available. The City shall negotiate with property owners of surplus parking to arrange for the availability of adequate replacement parking during construction and implementation of the Program. . The City shall implement a publicity program to inform visitors and residents of the location of replacement parking. Such a campaign could include signage posted along major approach routes to downtown, informational leaflets or brochures and newspaper advertisements. Noise . Construction equipment, fixed or mobile, shall be equipped with properly operating and maintained muffler exhaust systems. . Construction activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously. . Engine idling from construction equipment such as dozers and haul trucks shall be limited to the extent feasible. . Construction equipment, fixed or mobile, shall be located as far from noise- sensitive uses as practical. . For noise generating construction activity, additional noise attenuation techniques shall be employed to reduce significant noise levels to the greatest extent feasible. Such techniques may include, but are not limited to, 5 the use of sound blankets and the construction of temporary sound barriers between construction sites and nearby sensitive land uses. . 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 from the adjacent public areas. Truck Traffic . Refer to measures listed under "Noise" above. (c) The Final EIR determined that without mitigation, the project could have a potentially significant effect on transportation and 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 the Final EIR at Section 4.1, incorporated herein by reference, 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 at three of the thirty- three study intersections to below a level of significance, as outlined below. However, as detailed in Section 4(c) below, even with implementation of these measures, significant traffic impacts remain. . Ocean Avenue / California Avenue: Convert the existing southbound exclusive right-turn lane to a shared through/right-turn lane at the Ocean Avenue and California Avenue intersection. Implementation ofthis mitigation measure would necessitate the provision of some combination of new striping, signage, controller cabinets, poles, mast arms, detectors, and/or signal heads. It would also require relocating the bike lane on the southbound approach to be along the curb rather than between the through lane and right-turn lane as at present. This would better align the bike lane on the approach with the bike lane on the southbound departure. . Ocean Avenue / PCH Ramps (Moomat Ahiko Way): Restripe the eastbound approach of the Ocean Avenue and Pacific Coast Highway Ramps (Moomat Ahiko Way) to provide one left-turn lane and two right-turn lanes, retaining the existing overlapping eastbound right-turn phase that occurs during the northbound left-turn phase. Implementation of this mitigation measure would necessitate the provision of some combination of new striping, signage, 6 controller cabinets, poles, mast arms, detectors, and/or signal heads. . Lincoln Boulevard / Colorado Avenue: Modify the signal phasing at the Lincoln Boulevard and Colorado Avenue intersection eastbound approach to provide an overlapping right-turn phase during the left-turn phase on the northbound approach. Implementation of this mitigation measure would necessitate the provision of some combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads. (d) The Final EIR determined that without mitigation, the project could result in significant neighborhood effects. Impacts identified include construction effects and transportation / circulation. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and as detailed in the Final EIR at Section 4.7, the City Council finds that the mitigation measures identified in Sections 3(b), and 3(c) have been required in the project that will eliminate most of the project's neighborhood impacts. However, even with the implementation.ofthese measures, significant neighborhood impacts would remain as a result of neighborhood construction related air quality impacts and transportation / circulation impacts as identified in Section 4(a) and (b) below. 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 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 6. (a) The Final EIR determined that without mitigation, the project could result in 7 significant effects on air quality generated from vehicle trips associated with the project. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and as detailed in the Final EIR at Section 4.2, incorporated herein by reference, the City Council finds that the proposed project results in a significant and unavoidable regional air quality impact. Although there are no quantifiable, feasible mitigation measures to lower the NOx emissions to a less than significant level, the City has implemented a number of measures to encourage alternative modes of travel in and to the downtown area, including dedicated transit lanes, enhanced transit amenities, and an enhanced walking environment (wider sidewalks, pedestrian lighting, etc.) bike parking and related facilities. In addition, the City requires employers with ten or more employees to prepare a transportation demand management (TDM) plan and employers with fifty or more employees to provide additional incentives. The City has achieved national recognition for employee rideshare and transit service programs. These measures will continue to encourage the use of alternative modes of transportation to reduce the environmental impacts of mobile emissions. (b) The Final EIR determined that without mitigation, the project could result in significant effects on construction effects. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and as detailed in the Final EIR at Section 4.6, incorporated herein by reference, the City Council finds that the following mitigation measures will reduce the project's temporary air pollutant emissions and secondary traffic impacts but not reduce the effects to below a level of significance: Construction-Related Air Qualitv Measures. . All equipment shall be properly tuned and maintained in accordance with manufacturer's specifications. 8 . All equipment shall be equipped with diesel particulate filters. . Low sulfur diesel or other alternative fuels shall be used in construction equipment where feasible. . Electrically powered construction activity shall utilize electricity from power poles rather than temporary diesel power generators and/or gasoline power generators (Le. air compressors) where feasible. . General contractors shall maintain and operate construction equipment such that exhaust emissions are minimized. For example, engines shall be turned off while in queues or while loading I unloading. In addition, heavy equipment and petroleum-powered generators shall be turned off when not in use. . Petroleum-powered equipment shall be turned off during second-stage smog alerts. . Exposed surfaces during site preparation activity shall be kept visibly moist. . Water spray techniques shall be employed during demolition activity to limit fugitive dust. No additional feasible mitigation measures are available to reduce the impacts of temporary air pollutant emissions. Secondary Traffic Impacts. . Ocean Avenue I Neilson Way and Pico Boulevard: City Council Resolution No. 9853, adopted May 20, 2003, as part of the Civic Center Parking Structure EIR actions, approved a mitigation measure at Ocean Avenue / Neilson Way and Pico Boulevard that will provide a protected phase for all westbound left-turn movement. No feasible mitigation was identified for secondary construction-related traffic impacts from replacement parking at the Civic Center Structure during Phases 3 and 4 at two intersections: Fourth Street and Olympic Drivel 1-1 0 eastbound on-ramp and Fourth Street / Pico Boulevard. As discussed in Section 3(b) above, the proposed mitigation measures would themselves result in significant negative impacts to the area. 9 Because no feasible mitigations measures are available at these locations, the Program would result in significant and unavoidable secondary impacts at these two intersections during construction. (c) The Final EIR determined that without mitigation, the project could result in significant effects on transportation and circulation. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and as detailed in the Final EIR at Section 4.1, incorporated herein by reference, the City Council finds that the proposed project results in significant and unavoidable impacts at the following eleven intersections for which no mitigation measures: . PCH 1 California Incline . Ocean Avenue 1 Colorado Avenue . 4th Street / Broadway . 4th Street 1 Colorado Avenue . 4th Street 11-10 Westbound off-ramp . 4th Street! 1-10 Eastbound on-ramp . 5th Street 1 Colorado Avenue . Lincoln Boulevard / Wilshire Boulevard . Lincoln Boulevard 1 Santa Monica Boulevard . Lincoln Boulevard 1 Broadway . Lincoln Boulevard / 1-10 Westbound ramp The adverse traffic-related environmental impacts identified at the these intersections and street segments cannot be feasibly mitigated as physical constraints would require narrowing or eliminating sidewalks, compromising pedestrian crossing facilities or encroaching upon adjacent properties to implement mitigation. These mitigation measures would themselves result in significant negative impacts to the area. Narrowing sidewalk widths or eliminating sidewalks adversely affects the pedestrian environment by reducing the walking area for pedestrians and potentially forcing pedestrians into the street. 10 Eliminating crosswalks would lengthen pedestrian times by reducing direct routes. Encroachments on adjacent properties would involve removing landscaped areas or buildings, which would negatively affect the environment by removing adjacent green space that provides visual relief, by reducing public and private facilities' ability to provide services to customers and the public, and by reducing the interest and variety of the pedestrian experience. Mitigation through widening of City streets to accommodate additional vehicle trips is contrary to City policy where the preservation of neighborhoods and the pedestrian environment is highly valued. There are also significant and unavoidable impacts on the regional transportation system. There are no feasible mitigation measures to reduce project-related traffic impacts on the 1- 10 freeway east of Cloverfield Boulevard in the westbound direction during the a.m. peak hour and the eastbound direction during the p.m. peak hour as the required freeway improvements to address these impacts is beyond the ability of any individual project to implement. SECTION 5. The CEQA-mandated environmentally superior alternative was found to be "Alternative 3B - Retrofit and Rebuild, No New Structures." As analyzed in the Final EIR in Section 8, Alternative 3B 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. Both of the reduced intensity alternatives, Alternative 3A (Retrofit and New Structures - No Rebuild) and Alternative 3B would provide less benefit than the proposed Program, but would also generate less adverse impacts due to their reduced development 11 programs. Alternative 3B provided the least amount of additional spaces (712 net new spaces.) Impacts still included significant and immitigable traffic impacts at eight intersections, traffic impacts on the 1-10 Freeway in the westbound direction, air quality- related construction impacts and neighborhood effects from a potential long-term shortage of parking. Unique to Alternative 3B, were the congestion-relation construction impacts due to a potential shortage of replacement parking. While Alternative 3B would reduce the Program impacts, this reduction is commensurate with a reduction in the achievement of the Program objectives. Program objectives would be fulfilled for the shorter-range future, but the ability to meet on-going parking needs would be constrained. The original Kaku study identified a near-term need for over 1,000 spaces and the subsequent Downtown Task Force assessment identified the longer-term objective at total net gain of 1,712 spaces. Additionally, Alternative 3B would not expand the downtown walking district, a stated goal of the Program identified by the Downtown Parking Task Force as a tool for implementing a next phase ofthe Downtown Urban Design Plan. In the long term, this alternative could adversely affect the downtown economic viability and vitality. Other alternatives include: . Alternative 1: No Project Alternative (as required by CEQA.) The No Project Alternative would not fulfill the Program's underlying purpose to support the downtown area as an economically viable shared parking district. This alternative would not provide additional parking nor related parking benefits, such as spaces to maintain a balanced approach to meet demand, facilitate downtown circulation and accessibility and expand the walking district. Without 12 the provision of sufficient parking spaces, the streets would become more crowded as parking structures fill up and drivers circulate in search of a space or, alternatively people may decide not to visit the area. Further, this alternative would not provide for seismic safety and other necessary upgrades of capital facilities associated with aging structures. · Alternative 2: Retrofit Only Alternative. In this alternative all five structures would be undergo seismic retrofitting but there would be no increase in the parking supply in the downtown area. This alternative would not fulfill the Program's underlying objectives in all of the same ways as those described in Alternative 1, except for the seismic objectives. . Alternates 3A: Retrofit and New Structures - No Rebuild. In this alternative a reduced number of total spaces are provided by adding only the new structures, with up to 1,000 spaces, and seismically retrofitting the short (5-story) existing structures rather than tearing them down and rebuilding them. This alternative is similar to alternative 3B, in that the program objectives are partially addressed, however, it would fall short of the objectives specifically related to upgrading older structures and activating frontages of 2nd and 4th Streets with ground-floor retail, as well as failing to achieve the longer-range objectives ofthe program as described 3B above. . Alternative 4: Retrofit, Rebuild and New Structure South of the Project Area. 13 This alternative provides all the components of the full program, but locates the new spaces slightly outside the area designated by the Downtown Parking Program. This program would fulfill the proposed Program's underlying purpose to support the downtown area as an economically viable shared parking district. The perimeter parking would be located on block further south of the project area and would require a slightly longer walk for patrons of the parking location. One additional intersection would be significantly impacted. This alternative is not environmentally superior to the project. . Alternatives 5A: Mixed Use Alternative with more parking underground. This alternative would provide the same amount of additional parking as the Program. The mixed-use program could include ground floor retail, restaurants and movie theaters. The alternative would fulfill the proposed Program's underlying purpose to support the downtown area as an economically viable shared parking district and generally would meet the other objectives of the Program. However, this alternative is not environmentally superior to the project. . Alternatives 5B: Mixed Use Alternative with two rebuilt structures containing only underground parking. This alternative would provide less net new parking spaces than the Program by including only underground parking in the rebuilt Structures NO.1 and 3. Aboveground, these facilities would include a mixed-use program of ground floor retail, restaurants and movie theaters. The alternative would fulfill the proposed Program's underlying purpose to support the 14 downtown area as an economically viable shared parking district. However, this alternative would not provide the same amount of additional parking as the Program. Less additional parking would be provided in the core to support the economic vitality of the core businesses in the location where there is the most demand for parking. This alternative is not environmentally superior to the project. . Alternative 5C: Mixed Use Alternative with increased parking in the peripheral structure south of the Project Area and underground-only parking in Structures No. 1 and 3. This alternative is the same as 5B except the reduced spaces provided in Structures NO.1 and 3 are added to the peripheral structure located south of the Project Area. The alternative would fulfill the proposed Program's underlying purpose to support the downtown area as an economically viable shared parking district. However, fewer new parking spaces would be provided in the core area of downtown where there is the most demand for parking. This alternative is not environmentally superior to the project. SECTION 6. As fully described in Section 4, the Final EIR found that the proposed project would result in significant and unavoidable adverse impacts in the areas of air quality, traffic and transportation and neighborhood effects. Consistent with Section 15093 of the State of California CEQA Guidelines, the City Council hereby makes a Statement of Overriding Considerations and finds that the benefits of the Downtown Parking Program outweigh the unavoidable environmental impacts based on the following reasons. The 15 Downtown Parking Program will: 1. Support the downtown area as an economically viable district by maintaining a balanced approach of providing access to and within downtown, including an adequate supply of parking. 2. Provide parking facilities in the downtown to maintain the current level of parking in proportion to commercial development. 3. Continue to facilitate the successful and innovative approach to parking based on a shared parking concept rather than tying parking requirements to each individual development. 4. Facilitate downtown circulation and accessibility by continuing to provide parking resources within a walkable distance from downtown uses. 5. Continue to expand the vitality of the downtown district in accordance with the goals developed in the Downtown Urban Design Plan. 6. Facilitate the continued availability and operation of the large number of spaces ideally located within the downtown area through seismic retrofit of the tall structures (#2 & #4.) 7. Improve utilization, efficiency and short-comings of the three 5-level (short) structures by improving accessibility, circulation and adding spaces. 8. Increase the activity at sidewalk level by including ground-floor commercial space in the new and rebuilt structures. 9. Reduce ongoing and increasing capital replacement requirements by tearing down and rebuilding forty year-old parking structures. 10. Incorporate environmental sustainability into the new and rebuilt structures. SECTION 7. Consistent with Public Resources Code Section 21081.6, the City Council adopts the Mitigation Monitoring and Reporting Program, which is included as Attachment A, to mitigate or avoid significant effects of the Project on the environment and to ensure compliance during project implementation. 16 SECTION 8. Consistent with Section 21 081.6(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 Ellen Gelbard, Deputy Director. 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: 17 Attachment A MITIGATION MONITORING AND REPORTING PROGRAM This Mitigation Monitoring and Reporting Program (MMRP) has been prepared pursuant to Public Resources Code Section 21081.6, which requires adoption of a MMRP for projects in which the Lead Agency has required changes or adopted mitigation to avoid significant environmental effects. The City of Santa Monica (City) is the Lead Agency for the proposed Santa Monica Downtown Public Parking Program and is, therefore, responsible for administering and implementing the MMRP. The decisionmakers must define specific reporting and/or monitoring requirements to be enforced during project implementation prior to final approval of the proposed project. The primary purpose of the MMRP is to ensure that the mitigation measures identified in the EIR are implemented thereby minimizing identified environmental effects. The potential impacts identified for the Program and therefore, the mitigation measures for the Program are limited to the design phase (preconstruction) and construction phase. The mitigation measures are presented by impact area, with an accompanying identification of: . The method of verification of compliance; . The timing during which the measure should be implemented; . The frequency of monitoring; and . The enforcement/monitoring/reporting agency. City of Santa Monica Downtown Parking Program SCH No. 2002121122 January 2006 Page 1 s '" ..... eo o ..... ~ gf 'B o 0... <l.l P:: "'0 !:: '" gf .t:: .8 '2 o :::E !:: .S:: - '" .~ - ::E = o ~ :! lO: .C .; >-- QI CJ = .! is. E o U I--- ~ C o ~ ~ C Z .... ~ ~ o ~ ~ ~ ~ C Z ~ o ~ .... Z o ::; z o .... ~ -< C .... ~ .... ::; ~ = ..".,,~QI GIl=DIl .sa.C < l::: S DIl 0-= ...== = 0 J; ~ ~ 8- ~ :f~ "C = o QI .... :I .g r ~~ = o ... .- oi DIl= = QI .s E .- QI E-oiS. e .... :l = S E o u QI ~ Q :i .... .; .. = o ~ :! 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