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SR-901-008 (2)~_ . . City Council Report ~ City of Sauta Monica~ City Council Meeting: June 13, 2006 Agenda Item: ~ To: Mayor and City Council From: Jeff Mathieu, Director of Resource Management Subject: Acquisition of Property Located at 402 Colorado Avenue Recommended Action It is recommended that the City Council: 1. Approve a Resolution Adopting a Negative Declaration regarding the acquisition of the property; 2. Authorize the City Manager to execute a Letter of Intent to acquire a property owned by Sears Holdings Company, located at 402 Colorado Avenue; 3. Authorize the City Manager to negotiate and execute a Purchase and Sale Agreement, and other related documents with Sears Holdings Company to effectuate the acquisition; and 4. Appropriate $35,450,000 for the acquisition of the property at 402 Colorado Avenue. Executive Summary The Letter of Intent between the City and Sears Holdings Company provides for the City to purchase the property for $35,450,000. This is to be an all inclusive offer which includes property acquisition, relocation, loss of good will, and severance damage. 1 Sears would lease back the property from the City for three years, with two automatic renewals of one-year each, subject to termination by either party with 90-days notice. At the conclusion of the lease, Sears agrees to be responsible and pay for remediation of hazardous environmental conditions and demolition of all improvements. Sears also agrees to pay all escrow and title fees. Discussion Backqround The Sears property is located at 402 Colorado Avenue. The property is 104,896 sq. ft of land and is improved with an approximately 26,000 sq. ft. building used for its tire and battery store. The Sears property is located on a block bounded by Olympic and Colorado and 4t" and 5th Streets. The entire block has been identified as a suitable location for future development of a public purpose project which could include a light rail transit terminus, public parking, affordable housing, and supportive commercial uses. Negotiations with Sears began in September 2003. The negotiations resulted in the proposed Letter of Intent from Sears to sell its property to the City. Following execution of the Letter of Intent, the City and Sears would negotiate a Purchase and Sale Agreement. One of the attachments to the Agreement would be the lease for Sears to continue in operation for three years, with two automatic one-year options, terminated by either party with 90-days notice. The lease would be triple net, at a price to be negotiated as part of the final terms of the Purchase Agreement. A second attachment 2 would be an agreement regarding Sears' responsibility to remediate hazardous environmental conditions and demolish all improvements. Previous Council Actions The City Council authorized negotiations with the property owner at its meeting September 9, 2003. Environmental Analysis An Initial Study and Negative Declaration for the proposed purchase of this property were prepared by the City Planning Division in compliance with CEQA. The Initial Study did not identify any significant adverse environmental impacts resulting from the acquisition of the property by the City. The document acknowledged that the property will remain in its existing condition and that the City intends to purchase the property with the purpose of achieving various public purpose goals and objectives. The property will remain in its present condition until such time as plans are prepared and approved by the City. Any future reuse and redevelopment of the site will be subject to separate review for compliance with CEQA. No project related environmental impacts were identified in the Initial Study. The Notice of Intent to adopt a Negative Declaration was published May 6, 2006, with the comment period ending May 25, 2006. No comments were received. 3 Budget/Financial Impact An appropriation of the total acquisition price of $35,450,000 is required at Account No. C410476.589000. Funding for the purchase of this property will be supplied from the Big Blue Bus Railway Reserves at Account No. 41.334401. Prepared by: Miriam Mack, Economic Development Manager Approved: Forwarded to Council: Attachments Attachment A: Notice of Intent to Adopt a Negative Declaration Attachment B: Resolution Adopting a Negative Declaration for the Purchase of Property Attachment C: Determination and Initial Study and Proposed Negative Declaration for the Acquisition of the Property Located at 402 Colorado Avenue 4 Resource Management Department Attachment A NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION ON THE PROPOSED ACQUISITION OF 402 COLORADO AVENUE, SANTA MONICA, CALIFORNIA BY THE CITY OF SANTA MONICA cty or TO: Concerned Persons FROM: The City of Santa Monica PROJECT TITLE: Property Acquisition of 402 Colorado Avenue, City of Santa Monica, California PROJECT LOCATION: The property to be acquired is located at 402 Colorado Avenue, Santa Monica, CA, and is comprised of six parcels, including 3 parcels parallel to 5t" Street [1620-28 Palm Court). DESCRIPTION OF PROJECT An Initial Study and proposed Negative Declaration have been prepared and are available for your review and comment. The Initial Study examines the environmental impacts of the proposed acquisition of 402 Colorado Avenue by the City of Santa Monica, California. The property consists of six parcels, as described below: The 402 Colorado Avenue property is comprised of a total of six parcels with a total area of approximately 105,765 sq. ft. The property includes 3 parcels that front 4tn Street and Colorado Avenue and 3 parcels parallel to 5th Street [1620-28 Palm Court]. The parcel at the corner of 4t" Street and Colorado Avenue is improved with a retail/auto service facility located within a building of approximately 7,760 sq. ft. The City intends to purchase this site with the purpose of achieving various public purpose goals and objectives. There is currently no building demolition being contemplated and no plans for reuse or redevelopment have been prepared. The property will remain in its present condition and be leased back to the current occupant until such time as plans are developed and approved by the City. Any future re-use or re-development of the site will be subject to separate review for compliance with the California Environmental Quality Act. No project-related environmental impacts have been identified in the Initial Study. The property to be acquired by the City of Santa Monica is not included on any lists enumerated under Section 65962.5 of the Government Code regarding hazardous waste. HOW TO COMMENT ON NOTICE OF INTENT TO ADOPT THE PROPOSED NEGATIVE DECLARATION The City of Santa Monica encourages public comment on this and other projects. Copies of the Initial Study and proposed Negative Declaration on the proposed project are available for your review at the address below in the Office of the City Clerk and the City Planning Division public counter. A copy of the Initial Study may be obtained at the City Planning Division public counter. All documents that are referenced in the proposed Initial Study are available for review at the City Planning Division public counter, Room 111, City Hall, 1685 Main Street, Santa Monica, CA. The Initial Study is also available at the Santa Monica Public Library, 601 Santa Monica Blvd., Santa Monica, CA 90401 DUE DATE FOR COMMENTS: May 25, 2006 at 5:00 p.m. WHERE TO SEND COMMENTS: City Planning Division, Attention: Paul Foley, Principal Planner, 1685 Main Street, Room 212, Santa Monica, California 90401-3295. Telephone: (310) 458-8341. Espanol Esto es una noticia de un estudio preliminario y declaracion negativa sobre la adquisicion de propiedad por la ciudad de Santa Monica. Este estudio preliminario y declaracion negativa han sido preparados y estan disponibles para su revision y comentario. Para mas informacion, Ilame a Carmen Gutierrez al numero (310) 458-8341. • • ~: : ~~ : ~. C1TY O~ SANTA M~NICA PLANNING AND COMMUNlTY DEVELOPMENT DEPARTMENT City Hail, 1685 Main Street, Room 212, Santa Monica, Califomia 9Q401-3295 DETERMlNATION Project Title: Property Acquisition of 402 Colorado Avenue, City of Santa Monica, California Project Address: 402 Colorado Avenue and 1620-28 Paim Court Santa Monica, Califarnia On the basis of this initial evaluation: ! find that the proposed project GOULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATiON will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATiVE DECLARATION will be prepared. I fiind that the proposed project NEAY have a significant effect on the environment, and an ENVIRONMENTAL lMPACT REPORT is required. I find that the proposed project MAY have a"potentialiy significant Impact" or "potentially significant unless mitigated impact" on the environment, but at least one ef~ect: 4} has been adequately analyzed in an earlier dacumen# pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on atfached sheets. An ENVIRONMENTAL IMPACT REPQRT is required, buf it must analyze only the effects that remain to be addressed. I find that although the proposed praject could have a sign'rficant effect on the environment, because al! potential(y significant effects {a} have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATlON pursuant ta applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATfON, including revisions or mitigation measures that are imposed upan the proposed project, nothing further is required. 5- 3• OCo ~~a,,,,..-. ~~/~~Qa~~~ X\ Date PEanning Manager -~ City Planning Division eff4 CITY OF SANTA MONICA PLANNING AND COMMUNiTY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, California 90401-3295 , INITIAL STUDY AND NEIGHBORHOCID IMPACT STATEMENT DATE FILED: 5/1l06 This checklist is to be compieted for all projects that are not exempt from environmental review under the California EnvironmentaE Quality Act {CEQA). The information, ana[y.sis and conclusions contained in the checklist form the basis for deciding whether an Environmental lmpact Report (EIR), a Negative Declaratian (ND} or a Mitigated Negative Declaration (MND) is to be prepared. Additionally, the checklist shafl be used to focus an Ell~ on the efFects determined to be potentially significant. INTRODUCTION 1. Project TEtle: Properiy Acquisitlon of 402 Colorado Avenue, City of Sant~ Monica, California 2. Lead Agency Name and Address: Planning and Community Development Department, 1 S85 Main Street, Room 212, Santa Monica, CA 904~11 3. Contact Persan and Phone Number: Paul Foley, Prlncipal Plenner, City Planning Division {310) 458-8349 4. Project Location: The proper#y to be acquired is located at 4Q2 Cotorado Avenue, Sanfa Monica, CA, and is comprised ofsix parcels, including 3 parc~ls parallel fo 5t'' Street (1620-28 Palm Court). 5. Project Sponsor's Name and Address: Cify of Santa Monica, 1685 Matn Street, Sanfa Monica, CA 90~01 6. General Plan Designation: Genera! Commercia! 7. Specific Plan Designation: N/A 8. Zoning: C3 (Downtown Commercia! District) CITY OF SANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT - City Hail, 1685 Main Street, Santa Monica, California 90401-3295 9. Description of Project: The project is the acquisition by the City of Sanfa Monica of the property as described below: The 402 Co/orado Avenue property is approximately 905, 765 sq. ft and consisfs of 6 separafe parcels, The properiy includes 3 parcels which comprise the site fhat fronts 4"' Street and Colorado Avenue and 3 parcels which paralle! 5~' Street (~620-28 Palm Court). The parcel af the corner of 4~" Street and Colorado Avenue is improved with a retail/auto service faci(ity locafed within a building of approximatety 7,780 sq, ft. The Cifyr intends fo purchase this site with the purpose of achieving various public purpose goals and objectives. There is currenfly" no building dsmolition being confemplated and no plans for reuse or redevelopmenf have been prepared. The properiy will remain in ifs present condition and will be leased back to the current occupant until such time as plans are developed and approved by the City. Any fufure re-use or re-development of the site will be subject to separafe ~eview for compliance wlth the California Environmental Qualify Act. 10. Surraunding Land Uses and Setting: Briefly describe the praject's surraundings. Surrounding uses include a bank, an automotive repairshop and ofiFice building to the north; the Santa Monica Freeway (Interstate~ 90} to the south; office uses, the Cify of Santa Monica Transportation Faci~ify {Bus Yards) and a 44-un~t affordable housing deve/opmenf to fhe east; and a Sears department sfore, florist business and the Santa Monica Place shopping mall to the west. 19. 4fher pubiic agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Santa Monica City Council authorizafion to proceed with purchase of the site. , II. ENVlRONMENTAL FACTORS POTENTIALLY AFFECTED Environmental factors checked below would be poter~tiaUy affected by this project, 2 ClTY OF SANTA MONtCA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 9685 Main Street, Santa Monica, California 9040'f-3295 involving at least one impact that is a"Poten#ially Significant Impact" as indicated by the checklist on the fol~owing pages. _ Gealogy/Soils _ Shadows _ Public Services _, Construction Effects _ HazardslHazardous Materials _, Air Quafity _ Biological Resources _ HydrologylWater Quality ` Ecanomic and . • Social Impacts ,~ Population/Housing ` Land Use/Planning _„ Recreation _ Cufturai Resources _ Transportation/ Circulation . _ AestFtetics ~ Mineral Resources , Mandatory Findings of _ Agriculture Resources Significance III. ENVIRONMENTAL IMPACTS In completing this checkfist, keep in mind the foffowing: _ Noise _ UtilitieslService Systems Neighborhood ~ Effects 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported bythe information sources a lead agency cites in the parentheses following each question. A"No Impact"~ answer is adequately supported if the referenced informatian sources show that the impact simply daes not apply to projects like the ane invoived (e.g. the project falls outside a fault rupture zone}. A"No Im~act" answer should be explained where it is based on project-specific fac#ors as well as general standards (e.g. the project will not expose sensitive receptors to poflutants, based on a project-specific screening analysis}. Alf expfanations should be contained in a"Discussion of Environmental Evaluation" which should be attached to this checklist. 2) All answ~rs mus# take accounfi of the whole action involved, includ'rng off-site ~ as weEl as on-site, cumulative as well as project-levei, indirect as well as direct, and constructian as well as operational impacts. 3 CI7Y OF SANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, '[685 Main Street, Santa Monica, California 90401-3295 3) Once the lead agency has determined that a particular physical impact may . occur, then the checklist answers mus# indicat~ whether the impact is potentially signifcant, less th~n significant with mitigation, or less than significant. A potentially Significant lrr~pact is appropriate if there is substantial evidence that an effect may be significant. If there are ane or more Po#entially Significant impact entries when the determination is made, an EfR is required. 4) A Negative Declarafior~: Less Than Significant With Mitigation ~ncorporated applies where the incorporation of mitigation measures has reciuced an effect from a Po#entially Significant Impact to a Less Than Significant Impact. The lead agency must describe the mitigation measures, and briefly explain ~ haw they reduce the effect to a less than significant level {mitigation measures from "Earlier Analyses," may be cross-referenced). 5) Earlier analysis may be used where, pursuant to the tiering, program EI R, or other CEQA process an effect has been adequately analyzed in an eariier E!R or negative declaration. Section 15063(c)(3)~D). In this case, a brief discussion shauld identify the foliowing: a) Earfier analysis Used. identify and state where they are available for review. b) I mpacts Adequately Addressed. Identify which effects from the above checklist w~re within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and ~tate whether such effects were addressed by mitigation measures based on the earlier analysis. ~ c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures that were incarporated or refined from the earlier document and the extenfi to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to infarmation sources for potential impac#s (e.g. generai plans, zoning ordinances}. Reference to a previously prepared or outside document should, where appropriate, include a reference ta the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted sf~ould be cited in the discussion. 7} The explanatian of each issue shoufd identifiy: 4 C1TY UF SANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, Caiifornia 90401-3295 , a) The significance criteria or threshold, if ar~y, used ta evaluate each question; anc! b) The mitigation measure idenfiified, rf any, to reduce the impact to [ess than significance. I11: ENVIR4NMENTAL IMPACTS 1. Geology and Soits. Would the project: a. Expose peopfe ar sfiructures ta potential substantial adverse effects, including the risk of loss, injury, or death involving: i} Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division af Mines and Geology Special Publication 42. ii} Strong seismic ground shaking? _ ^ _ iii) Seismic-related ground failure, including liquefaction? _ ~ ~ iv} Landslides? ~ _ b~ Result in substantial soil erosion or the lass af tapsail? ~ _ ~ 5 Pot. Less Than Less Than No Signif. Signif. Signif. Impact lmpact With Impact Mitigation Incorporated x x x ~ x x CITY O~ SANTA MONICA PLANNING AND GOMMUNiTY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, California 90401-3295 c} Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and patentially result in on- or off -site fandslide, latera! spreading, subsidence, liquefaction or collapse? d) Be located an expansive soil, as defined in Tabie 18-1-8 of the Uniform Building Code ('1994), creating substantia! risks to life or. properEy? ' e) Have sails incapable of adequately supporting the use af septic tanks or alternative waste water dispasal systems where sewers are not available far the dispasal af waste water? ~ 2. Air Qualiiy - Where availabfe, the signiftcance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would th~ project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantial[y to an existing or projected air quali#y violation? x x x x x 6 CITY OF SANTA MONICA PLANNING AND C4MMUNITY DEVELOPMENT DEPARTMENT City Hail, 1685 Main Street, Santa Manica, Califarnia 90401-3295 c) Result in a cumulatively , considerable net increase of any criteria poflutant for which the project region is non-attainment under an applicable federal or state ambien# air quality standard {including releasing emissians which exceed quantitative ' thresholds for ozone precursors)? ~ _ _ x d) Expose sensitive receptors to substantial pollutant concentrations? x e} Create objectianable odors affecting a substantial number of people? _„_ ~ _ x 3. Hydrology and Water Quality - Woufd #he project: a) Violate any water quality standards or waste discharge requirements? ~ _ _ x b} Substantially deplete groundwater . supplies or interfere substantiafly with groundwater recharge such that there wouid be a net deficit in aquifer voiume or a lowering of the ~ local groundwater table level (e.g., the productian rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted}? _ _ _ ` x ~ c) Substantially alter the existing drainage pattern of the site or area, 7 CITY OF SANTA MONtCA PLANNING AND COMMUI~ITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main S#reet, Santa Monica, California 90401-3295 including through the alteration of , the course af a stream or river, in a manner which would result in substantial erosion or siltation on or off-site? x d) Substantially alter the existing drainage pattern of the site ar area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner ~ which would resuft in flooding on- or off-site? ~ x e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater _ drainage systems or provide substantial additional sources of polluted runoff? _ _ _ x f} OtherwEse substantially degrade water quality? _ ~„ ~ x g) Place housing within a 100-year ' flood hazar.d area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other hazard delineation map? x h} Placewithin a 900-yearflaod hazard area structures which would impede or redirect flood flows? x i) Expose people or structures to a sEgnificant risk of loss, injury or death invofving flaoding, including 8 CITY OF SANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, California 90401-3295 flooding as a resul# of the failure , of a levee or dam? ~ x j) Inundation by seiche, tsunami, or mudflow? x 4. Biological Resources - Would the project: a) Have a substantial adverse effect, either directfy ar through habi#at modifications, on any species in . Iocal or regional plans, policies, or regulations, or by the California Department of Fish and Game or ~ U.S. fish and Wildlife Service? x b) Have a substantia! adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and ~ Game or US Fish and Wildlifie Service? x c) Have a substantia! adverse effect ~ on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited ta, marsh, vernal poof, coastal, etc.) through direct removal, filling, hydrofogical interruption, or other means? x d) lnterFere substantiaily with the ` movemen# of any native resident or migratory fish or wildlife species or with estabfished native 9 CITY OF SANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa tVlonica, California 90401-3295 resident or migratary wild[ife corridors, or impede the use of ' native wildlife nursery sites? x e) Conflict with any local policies or ordinances protecting bia[ogica! resources, such as a tree preservation policy or ordinance? f} Conflict with fil~e provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Pian, or other . approved local, regional, ar state habita# conservation plan? x x 5. Noise - Wouid the project result in: a) Expas~re of persans to ar generation of noise levels in excess of standards established in the iocat generaf plan or naise ordi~ance, or applicabie stanclards of other agencies? ~ b) Exposure of persons to or generation of excessive groundborne vibratian or groundborne noise levels? c} A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d} A substantial temparary or 10 _ x x x CITY 4F SANTA MONICA PLANNlNG AND COMMUNITY DEVEL4PMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, California 90401-3295 periodic increase in ambient ~ noise levels in the project vicinity above levels existing withaut the project? ~ ~ _ x e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airpor~ or public use airport, woufd the project expose peaple , residing or working in the project area to excessive noise levels? x 6. Shadows. Wilf the proposal produce extensive shadows affecting adjacent light ser~sitive uses or property? 7. Hazards and Hazardous Materials - Would the project: ~x a~ Create a significant hazard to the public or the environment ~ through the routine transport, use, or disposa~ af l~azardous materiafs? x b) Create a significant hazard to #he public or the environment through reasonably foreseeable upset and accident canditions involving the release of ha~ardous materiars into the environmen#? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, , x 19 CITY aF SANTA MONICA PLANNENG AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Manica, Califomia 90404-3295 or waste within one-quarter mile , of an existing or proposed school? d} Be located on a site which is inclucled on a. list of hazardaus materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport {and use p{an or, where such a plan has not been adapted, within two miles of a public airport or pubiic use airport, would the project result in a safety hazard far peopie residing or working in the project area? f) For a projeet within the vici~ity ofi a private airstrip, would the project result in a safety hazard for people residing ar working in the project area? g} lmpair imp[emerttation of or physically interfere with an . adopted emergency response pEan or emergency evacuatian plan? h) Expose people ar structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where x x x x x 12 C1TY OF SANTA MONICA PLANNING AND COMMUNITY DEVELQPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, California 90401-3295 residences are intermixed , with wildlands? x S. Population and Housing - Would the proJect: a) Induce substantial populatian growth in an area, either direatly {for example, by proposing new homes and businesses) or indirectly (for exampfe, through extension of roads or other infrastructure)? x b) Displace substantial numbers of existing housing, necessitating the constructian of replacement housing elsewhere? , ~ ~ x cj Displace subs#antia! number of people, necessitating the construction of replacement housing elsewhere? ^, r x 9. Land Use and P[anning. Would ~ . the project: . a) Physically divide an established community? _ ,~ _ x b} Confliet with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not )imited to #he genera! pEan, specific ~lan, local , coastai program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental 13 CfTY OF SANTA MONICA PLANNWG AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, Califarnia 90401-3295 effect? x ~ c) Confiict with any applicable habitat conservation plan or natural community conservation plan? ~ ~ _ x 10. TransportafionlTraffic - Woutd the project: a) Cause an increase in traffic which is substantial in relation ta the existing traffic load and capacity of the street system ~ (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? x b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads ar highways? ` ~ _ ~ x c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that resul#s in substantial safety risks? _ ~, T x d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous ` intersections) or incompatible uses (e.g., fiarm equipment}? x 14 CITY OF SANTA M4NICA PLANNiNG AND C~MMUNITY DEVELOPMENT DEPARTMENT Cifiy Hall, 1685 Main Street, Santa Monica, California 90401-3295 . e) R~sult in inadequate ~mergency access? fl Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supparting alternative transportation (e.g., bus turnouts, bicycle racks)? i) Invoive right of way dedication resu[ting in a reduced lot area? "_ j) Reduce access to other properties and uses? , ~ k) Create abrupt grade difterential between public and private property? _ ~ 11. Utilities and Serrrice System - Would the project: a} Exceed wastewater treatment requirements ofi the applicabie Regionaf Water Quality Con4rol Board? b) Require or resuft irt the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ) c) Require or rgsult in the 15 x x x x x x x x CITY OF SANTA MONICA ~ PLANNING AND COMMUNlTY DEVEL4PMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, Caiifornia 90401-329~ construction of new storm water r drainage facilities or expansion of existir~g facilities, the construction • af which cauEd cause significant environmental effects x d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded erttitlements . ~ needed2 x e) Result in a determination by the wastewater treatment ~ provider which serves or may serve the project that it has ~ adequate capacity to serve - the project's projected demand ~ in addi#ion to the provider's existing commitments? Y„ ~ _ x f) Be served by a landfill with sufficient permitted capacity to accommodate the projec#'s scilid waste disposal needs? x g) Compiy with federal, state, and foca! statutes and regulations related to solid waste? x 12. Pubiic Services a) Would the project result in substantial adverse physicaf impacts associatec! with the provision of new or pFiysically affiered governmental facilities, the construction of which could cause significant environmental 16 CITY OF SANTA M4NICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Half, 1685 Main Street, Santa Monica, California 90401-3295 impacts, in order ta ma+ntain . acceptable service ratios, response times or other performance objectives for any of the pubiic services: Fire protection? ~ ,,` _ x Police protec#ion? _ _ _ x Schools? x Parks? x Other pub{ic facilities? _ _ _ x 13. Recreation a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that subs#antial physical deterioration of the facility would occur ar be accelerated? x b) Does the project include . recreational facilities or require the construction or expansiort of recreational facilities which might have an adverse physical effect on the environment? x 14. Cultural Resources - Would the project. a) Cause a substantial adverse change in the signfficance of a historica[ resource as defined in '15064.5 x 17 CITY Of SANTA MOlVICA PLANNING AND GOMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Manica, California 9040'E-3295 b) Cause a substantial adverse , change in the significance of an archaeo[agica! . resource pursuant to ' 15064.5? x c) Directly or indirectly destray a unique pa{eontolagical resource or site ar unique ~ geologic feature? , ~ _ x d) Disturb any human remains, including those interred outside of formal cemeteries? x 15. Aesthetics - Would the project: a} Have a substantial adverse effect on a scenic vista? () _ _ _ x b) Substa~tially damage scenic resources, including, but not fimited to, trees, rock outcroppings, and historic buildings within a state scenic highway? ,~ _, _ . x c) Substantially degrade the existing vis~al character or quality of the site and its surroundings? ` _, _ x d) Create a new source of substantial tight or glare which would adversely affect day or nighttime views in the area? , x 16. Construction Effects. Would the propasal have considerable construction- 18 CiTY OF SANTA Mf~NICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Manica, California 90409-3295 period impacts due ta the scope, or location of construction activities? x 17. Economic and Social Impacfs. Does the project have econamic or social effects which would result in additional physical changes (e.g. if a new shopping center located away from a downtown shopping area would take b~siness away from the down- town and thereby cause business closures and eventual physical deterioration of the downtown)? _ _ ~ x 18. Agriculture Resources: In determining whether impacts to agricuftural resources are significant environmental effects, lead agencies may refer to the California AgricuEtura! Land Evaluation and Site Assessment Model (1997} prepared by the California Dept. of Conservation as ~ an optional madel to use in assessing impac#s on agriculture and farmland. Would the Project: a) Convert Prime Farmland, Unique . Farmland, or Farmland of . Statewide Importance (Farmland), as shown on the maps prepared pursuant ta the Farmfand Mapping and Monitoring program of the Califarnia Resources Agency, to non-agricu(tural use? ~ „_ _ x b} Conflict with existing zoning for agricultural use, or a Williamson Act contract? x c) Involve other changes in the existing envirQnmertt which, due 19 CITY OF SANTA MONICA PLANNiNG AND COMMUNITY DEVELOPMENT DEPARTMENT City Half, 1685 Main Street, Santa Monica, California 904Q1-3295 to their iocation or nature, could , result in conversion of farmland, to non-agricultural use? _, „_ _ x 19. Mineral Resources - Wo~id the project; a) Resul#~in the loss of availability ' ofi a known mineral resource that would be of value to the region and the residents of the State? x b) Result in the loss of availability of a locally-important mineraf . resource recavery site delineated on a local general plan, spec'rfic plan or other land use pfan? x 20. Neighborhood Effects. Will the ~roposaf have cansiderable effects on the project neighborhood? ~ _ ,~ x 21. Manda#ory Findings ofi Signifcance. a) ~ Does the project have fihe poten- tial to degrade the quality of the environment, substantially reduce ' the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to efiminate a plan# or animal cammun- ity, reduce the number or restrict the range af a rare or endangered pfant or animal or eliminate important examp~es of the major periods of California history or pre-history .,_ ~ _ x 20 CIT'Y OF SANTA M4NICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Haif, 1685 Main Street, Santa Manica, California 9Q401-3295 b) Does the praject have impacts that are individually limited, but cumulatively cpnsiderable? ("Cumulatively considerable" means that the incremental effects of a projec# are considerable when viewed in connectian with the effects af p~st projects, the effects of other current projects, and the effects of probable fiuture projects)? ~ ^ ,_ x ' c) Does the prolect have environ- mentaf effects which will caus~ +~ substantial adverse effects on ~ human beings, either directfy ar indirectiy? _ ,_ _ x IV. DISCUSSION OF ENVIRONMENTAL EVAl.UATtON The project is the acquisition by the City of Santa Monica of the property as described below: The 402 Colorado ~Avenue property is apprnximately 905,765 sq. ft. and consists of 6 separate parcels. The property includes 3 parcels which camprise the site that frants 4th Street and Calorado Avenue and.3 parcels which parallel5th Street (1620-28 Palm Court}. The parcel atthe carner of 4~' Street and Colorado Avenue is impraved with a retail/auto senrice facility iocatec! within a building of approximately 7,760 sq. ft. The City intends to purchase this site with the purpase of achieving various public purpose goals and objectives. There is currently no buiiding demolition being contemplated and ~ no p)ans for reuse ar redevelopmenfi have been ~repared. The property will remain in its presertt condition and wiil be teased back to the current occupant ~ until sucl~ time as plans are developed and approved by the City. Any future re-use or re-devela~ment af the site wilf be subject to separate review for compliance with the Califomia Environrnental Quality Act. Accordingly, the property acquisition will have na impacts on the environment as more specifically described befow: 21 CiTY OF SANTA MON(CA PLANNING AND COMMUN{TY DEVELOPMENT DEPARTMENT City Hall, 9685 Main Stree#, Santa Monica, California 9040'[-3295 1. Geology and Soils {a, b, c, d, e) 7he proposed project does not have any impacts on geafogy and soifs as the ' project entails only the purchase of commercial property by the City of Santa Monica and the lease-back of the site to its current occupant. The propose~ project does nat include construction. 2. Air Quality (a, b, c, d, e} The proposed project does not have any impacts on air quality as the project entails only the purchase ofi comrnercial property by th~ City of Santa Monica and the lease-back of the site to its current occupant. The proposed project does not include canstruction. 3. ~ Hydrology and Water Quality The proposed project does not have any irnpacts on hydrology and wafer quality as the project entails onlythe purchase of commercial property bythe City of Santa Monica and the lease-back of the site to its current occupant. The proposed praject does not include construction. 4. Biological Resources (a, b, c, d, e, fl The proposed project does not have any impac#s on bialogy and resources as the project entails onlythe purchase of commercial property bythe City of Santa Monica and the lease-back of the site to its current occupant. The proposed project does not include construction. 5. Noise (a, b, c, d, e) The proposed project does not have any impacts on geoEogy and soifs as the project entails only the purchase of commercial property by the City of Santa Monica and the lease-back of the site to its current occupant. The proposed project does not include construction. The proposed project will not have impacts on noise as the project entails only the purchase af commercial praperty by #he City of Santa Monica and daes not include noise-generating canstruct~on activities. 6. Shadows The proposed project does not have any impacts on shadows as the project entails only the purchase of commercial property by the City of Santa Monica and the lease-back of the site to its current occupan#. The proposed project does not includ~ construction. 7, Hazards and Hazardous Materials The proposed pro~ect does not have any impacts on hazards and hazardous 22 CfTY OF SANTA MONICA PLANNiNG AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Manica, Califomia 90401-3295 materials as the project entails only the purchase of commercial properly by ; the City of Santa Monica and the lease-back of the site ta its current occupant. The proposed project does not include constructian. 8. Population and Housing (a, b, c) The proposed projec# does not have any impac~s on population and housing as #he praject entails only the purchase ot commercial property by the City of Santa Monica and the lease-back of the site ta its current occupant. The proposed project does not include construction. 9. Land Use and Planning (a, b, c) : The proposed project does not have any impacts on land use and planning as the project en#ai(s onfy the purchase of commercial property by the City of Santa Monica and the lease-back of the si~e ta its current occupant. The proposed project does not include construction. 1U. TransportationITraffic (a, b, c, d, e, f, g, i~, l, j, k) The proposed project does not have any impacts on transportation and traffic as the project entails only the purchase of commercial properly by the Cify of Santa Monica and the lease-back of the site to its current occupant. The proposed projec# does not include construction. 11. Utilities and Service System (a, b, c, d, e, f, g) The proposed project does not l~ave any impacts an utilities and the ufiility service system as ~he project entails Qnly the purchase of commercial prape~ty by the City of Santa Monica and the lease-back of the site ~o its current occupant. The proposed project does not include construction. 'I2. Public Services {a) The proposed project does not have any impacts on public services as.the project entaifs only the purchase of cammercial property by the City of Santa Monica and the lease-back of the site to its current occupant. The proposed prOjBC~ dQ@S C10t iC1CIt1C~e COIIStruCfiOn. 13. Recreation {a, b) The proposed project will not have impacts on recreation as the project entails onlythe purchase of commercial property bythe Cityof Santa~Monica and the lease-back of the site to its current occupant. Ti~s proposed project does not include construction: 14. Cultural Resources (a, b, c, d~ 23 CITY OF SANTA MONICA PLANNING AND Ct3MMUNlTY DEVELOPMENT DEPARTMENT City Hali, 1685 Main Street, Santa Mon+ca, California 90401-3295 The proposed project wil! not have impacts on cultural resourc~s as the „ project entails onlythe purchase af commercial property bythe City af Santa Monica and the lease-back of the site to its current occupant. The proposed pro~ect does not include construction. '! 5. Aesthetics (a, b, c, d) The proposed project will not have impac#s on aes#hetics as tMe project entails only the purchase of commercial property by the City of Santa Manica and #he lease-back af the site to its current occupant. The proposed project does not include construction. ~ 1 S. Gonstruction EfFects ~ The proposed praject wiil not have construction effects as the project entails anfy the purchase ot commercial ~roperty by the City of Santa Monica and . the lease-back of the sifie to its current occupant. The proposed project does not include construction. " 17. Economic and Social lmpac#s The proposed project will not have economic and social impacts as the project entails anly the purchase af cammercial property by the City of Santa Manica and the lease-back of the site to its current occupant. The proposed projec# does not include construction. 18. Agr~cuiture Resources ~a, b, c) The proposed pro~ject wil! not have impacts on agriculture resources as the project entails only the purchase of commercial praperty by the City of S.anta Monica and the lease~back of the site to its current occupant. The proposed project does not incfude construction. 19. Mineral Resources (a, b) The proposed project will no# have impacts on mineral resaurces as the project entails only the purchase of commercial properky by the City of Santa Monica and the lease-back af #he site to its current accupant. The propased project does not include construction. 20. Neighborhood Effects The proposed project will nat have impacts on nei~hborhood eff~cfs as the project entails only the purchase ofi commercial property by the City of Santa Monica and #he lease-back of the site to its current occupant. The proposed project does not include canstruction. 24 CITY OF SANTA MONICA PI.ANNII~G AND COMEUIUNITY DEVELOPMENT DEPARTMENT ~ City Hall, 1685 Main Street, Santa Monica, California 90401-3295 21. Mandatory Findings of Significance {a, b, c) a) C3o~s the project have the potential to degrade the quality of the environment, substantiatly reduce the habitat of a fish or wi[dlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or res#rict the range of a r`are or endangered plant or anima! or eliminate important examples of the major periods of California history or pre-history? No. The projecf wi!! nof degrade the guality of fhe environmenf as the projecf entails only the purchase of commercia! property by the City of Santa Monica and the lease-back of the site fo ifs current occupant. The proposed project does not include constructian. b) Does the project have impacts that are individually limited, but curr~ulativety considerable? ("Cumulatively considerabte" means that the incremental effects of a project are considerable when viewed in connection with th~ effects of past projects, the effects of other current ~rojects, and the effects of probabte future projects}? No. The project has no cumulatiue impacts as the praject enfails only the purchase of commercial property by fhe City of Santa Monica and the lease-back of fhe site to its currenf occupanf. The proposed project does nof include construcfion. • c} Does the projecfi have environmental effects which will cause substantial adverse effec#s on human beings, either direc#ly or indirectly? . , No. The projecf has no adverse effect on human beings as the project er+fails only fhe purchase af commercia! properfy by the Cify of Santa Monica and the lease-back of fhe srte to its current accupant. The proposed project daes not include canstrucfion. V. DETERMINATtON (See attact~ment) 25 CITY OF SANTA MONiCA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, California 90401-3295 Vl. SO~lRCES The following documents were used in determining the environmental effects of #he proposed project: Land Use and Circulatian Element, Sa~'ety Etement, and Zoning Ordinance (all are available for review at the City Planning pivision Public Counter). The following summarizes the content of these documents: Land Use and Circula#ion Element: Goals, policies, and objectives to guide developmenf throughout the City, including the Oceanfront District where the subject property is located. EIR certified February 3, 1984. 5tate Clearinghouse Number 83071304. Safety EEement: Goa{s and poficies to reduce risks assaciated with natural and man-made hazards. EIR certified February 21,1995. State Clearinghause Number 920310$2. Zoninq Ordinance: City wide development standards: Final Supplemental EIR, June 1988. H:lSuperblocklSuperblock Inlifal Study and NeighBorhood fmpact Statement.doc 26 Attachment A LepaE Description Ail fhat c~rtain rea! proper~y situated in the County of Los Angeles, State of California, described as follows 402 C~LORADO AVENUE Parcel 1 (APN 4290-011-004~ Lot 1 of Tract Na 15603, in the City of Santa Monica, in the Caunty af Los Angeles, State of Califomia, as per map recorded in Book 409, Page(s) 25 and 26, of maps, in the Office of the Coun~y Recarder of said County. Parcel 2 (APN 429p-0~ 1-OQ3 Lat 9 of Elliott`s addition to Santa Monica, in the City of Santa Monica, in the Caunty of Los Angeles, Sta#e of California, as per map recorded in Book 22, Page(s)'!'[ af Miscellaneot~s Records, in the Office of the County Recorder of said County. Also that portion of the Northeasterly one-half of fihe a11ey shown on said map, vacated by Resalution No. 573 of said City of Santa Monica, lying between the Southwesterly prolongation of the Northwesterly and the Southeasterly (ines of said Lot 9. The Southwest half of the 20 foot~alfey vacated adjacent Northeasterly to Lot 8 of Elliatt's Addition to Santa Monica, in the City of Santa Mortica, in the County of Los Angeles, State of California, as per map recorded in Book 22, Page(s} 11 ot Miscellaneous Records, in the ~ffice of the County Recorder of said Couniy, which would pass with a conv~yance of said. Lot. Parcel 3 (APN 4290-019-014~ That portion of the Rancho San Vicente Y Santa MonECa, in the City Santa Monica, in the County of Los Angeles, State of California, as 'per map recarded in Book 3, Page(s) 30 and 31, of Patents, in the Office of the County Recorcler of said County, described as follows: Beginning at a point of intersec#ion of the Nor~hwesterly line of the land conveyed to the Los Angeles and independence Raiiroad Company, by deed recorded in Book 40 Page 282 of Deeds, ~n the office of the County recorder of said Caunty, with a line that is parallei with and distant, Northeas#eriy 45.00 feet, measured at right angfes, from the center line of A-1 4th Straet, 60 feet wide as shown on map of Trac# No. 8357, recorded in Book 919 Page 53 of Maps, in said office; alang said paraliel fine South 44° 08' 58" East 14.71 feet; thence North 45° 51' 02" Eas# 35..78 feet #o said Northwesteriy line; thence along said Northwesterly line, Southwesterly line, Soufihwesterly to the point af beginning. ~xcept therefrom all oil, gas, minerals, and other hydrocarbon substances lying below the surface of said land, but with no right of surFace entry as provided in deeds of record. Lot 8 of E[liatt's Additions of Santa Monica, in the City of Santa Monica, in the County of Los Angeles, State of California, as per map recorded in Book 22, Page(s) ~~ of Miscellaneous Records, in the Office of the County Recorder of said County. Except the Southwesterly 15 feet of said Lot, measured along the Northwesterty line thereof; the Northeasterly iine of the said Sauthwesterly 15 feet to be parallel with the Northeasterly line of 4th street, 60 feet wide, as shown on the map. 1620-28 Palm Court (1636 5th Street Parcefs 1 and 2(APN 4290-011-098 and 4290-011-019 Lots 9 7 and 18 of Tract No. 974, in the Ciiy of Santa Monica, in the Couniy of L.as Ange~es, State of California, as per map recorded in Book 16, Page(s) 3 92, of maps, iri the Office of the County Recorder of said County. Except therefrom the rear 10 feet of each Lot. Also Except therefrom that portian of said Lots 9 7 and 18 lying Northeasterly of the following described line: Beginning at a point on the Northwesterl~r line of said l.ot 17, distant thereon South 45° 50' 26" West 6.00 feet from fhe North corner of said Lot; thence South 27° 27' 31" West 83.52 feet to the North carner of Lot 19 of said Tract. Parcei 3 jAPN 4290-011-OQ8 Lot 19 0€ Tract No. 974, in the City of Santa Monica, in the County of Los Angeles, State of California, as per map recorded in Baok 16, Page(s) 192 of maps, in the 4ffice of the County Recorder of said County. ~ Except the Southwesterly 10 feet thereof conveyed to the City af Santa Monica for alley purposes. A-2 Pr4p+erties to !je ,~.cqui red ~ . ~t ... ~,cz, Fr~ ~ ~~ ~~~ ~1`4 - _ . " aR'~ , ~ . ~ ~ i~ ~T • - ~ ~ ~~i~ ' . ~ ~ F ~ - • ~~~~ ~ . : --. ~ ~`~~' .:...~E _+i ... - - -- - ... L~ ~ ,,,~,;.W...,....~..~.---"" ~ ~~ . A--~ < . - ,$7 . *r ~r~ ~ n ~~~ , - ~ 9 ~ . , - .. - Gy,,kMP~+C~sivo *~AtJFA -~~ F~` A-3