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SR-414-005~~r City Council and ~ ~~ty of Redevelopment Agency Report Santa Monica~ City Council Meeting: October 24, 2006 Agenda Item: ~ To: Mayor and City Council Chairperson and Redevelopment Agency From: Martin Kennerly, Acting Director of Resource Management Department Subject: Authorization to Acquire Property Located at 1632-36 5th Street, owned by Jandy, LLC and Authorization for the City of Santa Monica and the Redevelopment Agency to Enter into a Cooperation Agreement Recommended Action Staff recommends that the City Council 1. approve a Resolution Adopting a Negative Declaration regarding the acquisition of property located at 1632-36 5t" Street; 2. authorize the City Manager to execute a Letter of Intent for the City of Santa Monica ("City") to acquire the property owned by Jandy, LLC, located at 1632-36 5th Street and to negotiate and execute a Purchase and Sale Agreement and other related documents with Jandy, LLC; 3. adopt a Resolution finding the use of funds from the Redevelopment Agency of the City of Santa Monica for acquisition of property located at 1632 5t" Street to be of benefit to the Earthquake Recovery Redevelopment Project Area; 4. authorize the City Manager to execute a Cooperation Agreement between the City and the Redevelopment Agency for the purpose of acquiring property at 1632-36 5t" Street; 1 5. appropriate funds necessary for the acquisition of the property at 1632-36 5tn Street. Staff recommends that the Redevelopment Agency of the City of Santa Monica: 1. adopt a Resolution finding the use of funds from the Redevelopment Agency for acquisition of property located at 1632 5th Street to be of benefit to the Earthquake Recovery Redevelopment Project Area. 2. authorize preparation and execution of a Cooperation Agreement between the City of Santa Monica and the Redevelopment Agency to grant to the City of Santa Monica from its tax inerement funds for the acquisition of property located at 1632-36 5th Street ~ Executive Summary The Letter of Intent between the City and Jandy, LLC provides for the City to purchase the property located at 1632-36 5th Street for $7,625,000 plus the City's share of closing costs. The property is 8,800 sq. ft. and improved with a building totaling 17,100 sq. ft., occupied by Apple Computer. The City is to deposit into escrow $1,OOQ,000 at escrow opening, with the remainder, less interest earned, to be deposited at escrow closing on February 28, 2009. Funding for the acquisition of this property is available to the City from the Redevelopment Agency provided the City and Redevelopment Agency adopt Resolutions making findings that the use of Redevelopment funds for the acquisition of 2 this property is of benefit to the Earthquake Recovery Redevelopment Project Area. The Cooperation Agreement would authorize the Redevelopment Agency to grant funds to the City to acquire the property located at 1632 5th Street. Discussion Backqround The property is 8,800 sq. ft. and is improved with a 17,100 sq. ft. office building built in 1988 and occupied by Apple Computer. The property is located on a block bounded by Olympic and Colorado and 4th and 5t" Streets. The entire block has been identified as a suitable location for future development of a public purpose project which may include a light rail transit terminus, public parking, affordable housing, and supportive commercial uses. Negotiations with the property owner began in 2004, and resulted in a proposed Letter of Intent from Jandy, LLC to sell its property to the City. Following execution of the Letter of Intent, the City and Jandy, LLC will negotiate a Purchase and Sale Agreement. The City has completed a Phase I assessment of the property. The report, prepared by ICF Consulting, stated that it was unlikely that current or past activities conducted on the site resulted in an on-site recognized environmental concern. The report stated that no hazardous materials are suspected of being on site with the exception of a potential for there being asbestos containing building materials and lead-based paint in the building. These materials would need to be remediated during demolition. 3 Previous Council Actions Council authorized negotiations with the property owner on January 13, 2004. Environmental Analysis An Initial Study and Negative Declaration for the proposed purchase of 1632 5th Street 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 purposes, 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 August 23, 2006, with the comment period ending September 12, 2006. No comments were received. Redevelopment Considerations The City has been pursuing the acquisition of property within the block bounded by 4tn and 5t" Streets and Colorado and Olympic Boulevards for a future public project that may include light rail transit, parking, affordable housing or other public uses. On June 13, 2006, the Council authorized the acquisition on this block of one of the four parcels 4 located at 402 Colorado Avenue, owned by Sears Roebuck and Company using City Rail Reserves. However City Rail Reserves have been fully expended and there are no additional City funds for the acquisition of the remaining parcels on this block. To authorize the use Redevelopment funds, the City Council and Agency must make the appropriate determinations. The attached Resolutions (Attachments D and E) determine and find that the Project is of benefit to the Earthquake Recovery Redevelopment Project Area; no other reasonable means of financing the Project are available to the community; the payment of funds for the Project will assist in elimination of one or more blighting conditions inside the Project Area by assisting in the elimination of one or more of the conditions resulting from the 1994 Northridge Earthquake disaster; and the payment of funds for the Project is consistent with the Redevelopment Agency's Five-Year Implementation Plan in that it helps achieve the Disaster Prevention and Mitigation and Commercial Revitalization goals as set forth in this Plan. Budqet/Financial Impact The Cooperation Agreement will provide a grant to the City from the Redevelopment Agency in the amount of $7,625,000 and the City's share of closing costs. Funds for the grant are available at Account No. C170621.589000. 5 Attachments: Attachment A: Notice of Intent to Adopt a Negative Declaration for the Acquisition of 1632-36 5th Street Attachment B: Resolution Adopting a Negative Declaration for the Purchase of Property At 1632-36 5t" Street Attachment C: Determination and Initial Study and Proposed Negative Declaration for the Acquisition of the Property Located at 1632-36 5th Street Attachment D: Resolution of The City Of Santa Monica Consenting to the Use of Agency Funds for the Acquisition of Property Located at 1632-36 5th Street and Making Certain Findings Pursuant To Health And Safety Code Section 33445 Attachment E: Resofution of The Redevelopment Agency Consenting to the Use Of Agency Funds for the Acquisition of Property Located at 1632-36 5th Street and Making Certain Findings Pursuant to Health And Safety Code Section 33445 Prepared by: Miriam Mack, Economic Development Manager Approved: Forwarded to Council: ~ Martin Kerwferly ~-~t mont Ev~ell Acting Director Resource anagement y Manager Department 6 ATTACHMENT A City of NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION ON THE PROPOSED ACQUlSIT10N OF '1632 -1636 5t" STREET, SANTA MONICA, CALIFORNIA BY THE CITY OF SANTA MONlCA TO: Concerned Persons FROM: The City of Santa Monica PROJECT TfTLE: Property Acquisition of 1632-1636 5th Street, City of Santa Monica, California PROJECT LOCATION: The property to be acquired is located at 1632-1636 5th Street, situated on the west side of 5~' Street in the block south of Colorado Avenue and north of Olympic Boulevard. DESCRIPTlON OF PROJECT An Initial Study and proposed Negative Declaration have been prepared and are available for your review and comment. The lnitial Study examines the environmenta! impacts of the proposed acquisition of 1632-1636 5th Street by the City of Santa Monica, California. The project is the acquisition by the City of Santa Monica of the property as described below: 1632-1636 5th Street property is a rectangular shaped, single parcel with a tatal gross site area of nearly 8,800 square feet or 0.202 acres. The parcel is improved with a four-story, 15,800 square foot, single tenant creative office building that is 100% leased. The property contains a total of 34 parking spaces. The City intends to purchase the site with the purpose of achieving various pub{ic purpose goals and objectives. There is currently no building demolition being contemplated and no plans for reuse or redevelopment have been prepared. The property wi11 remain in its present condition and will be feased back to the current occupant until such time as plans are developed and approved by the City. Any future re-use or re-devefopment of the site wiil be subject to separate review for compfiance with the California Environmental Quality Act (CEQA). No project-related environmental impacts have been identified in the Initial Study. The sites to be acquired by the City of Santa Monica are not incfuded 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 DECLARATtON 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 availab{e 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 and is available for review at the Santa Monica Public Library, 601 Santa Monica Blvd., Santa Monica, CA 90401 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. _ DUE DATE FOR COMMENTS September 12, 2006 at 5:00 p.m WHERE TO SEND COMMENTS City Planning Division 1685 Main Street, Room 212 Santa Monica, Ca~ifornia 90401-3295 Telephone: (310) 458-8341 Attention: Paul Foley, Principal Planner Espanol Esto es una noticia de un estudio preliminario y declaraci6n 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. F:\CityPlanning\Share\EIRTEMPS\1632 5th St. Acquisition\NOI- 1632 5th St.doc ATTACHMENT C CITY OF ~ANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Room 212, Santa Monica, California 90401-3295 DETERMINATION Project Title: PropertyAcquisition of 1632-1636 5~' Street, Santa Monica bythe City of Santa Monica, California Project Address: 1632-1636 5th Street, Santa Monica, California On the basis of this initial evaluation: I find that the proposed project COULD 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 find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a"potentially significant Impact" or "potentially significant unless mitigated impact" on the environment, but at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ~ s ~lP ~ ,~~~ ,P~~f~ Date Planning Manager City Planning Division eff4 i~ c;ty ot ' Santa Monica~" INITIAL STUDY AND PROPOSED NEGATIVE DECLARATION FOR THE ACQUISITION OF THE PROPERTY LOCATED AT 1632 -1636 St" STREET BY THE CITY OF SANTA MONICA August 21, 2006 City Planning Division Planning and Community Development Department Paul Foley, Principal Planner 1685 Main Street, Room 212 Santa Monica, CA 90401 CITY OF SANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Room 212, Santa Monica, Caiifiornia 90401-3295 DETERMINATION Project Title: PropertyAcquisition of 1632-1636 5~' Street, Santa Monica bythe City of Santa Monica, California Project Address: 1632-1636 5th Street, Santa Monica, California On the basis of this initial eValuation: I find that the proposed project COULD 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. f find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a"potentially significant Impact" or "potentially significant unless mitigated impact" on the environment, but at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must anafyze only the effects that remain to be addressed. I find that although the proposed project coutd have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to 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 upon the proposed project, nothing further is required. ~ • '~lP ~ ,~-j~, ~.~.~~~ Date Planning Manager City Planning Division eff4 CITY OF SANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Ha{{, 1685 Main Street, Santa Monica, California 90401-3295 INITIAL STUDY AND NEIGHBORHOOD IMPACT STATEMENT DATE FILED: 8/9/06 This check{ist is to be completed for all projects that are not exempt from environmenta{ review under the California Environmental Quality Act (CEQA). The information, analysis and conclusions contained in the checklist form the basis for deciding whether an Environmental Impact Report (EIR}, a Negative Declaration (ND) or a Mitigated Negative Declaration (MND) is to be prepared. Additionally, the checklist shall be used to focus an EIR on the effects determined to be potentially significant. I. INTRODUCTION Project Title: Properfy Acquisitions of 1632-1636 5t~' Street Street, City of Santa Monica, California 2. Lead Agency Name and Address: Planning and Community Development Department, 1685 Main Street, Room 2~2, Santa Monica, CA 90409 3. Contact Person and Phone Number: Paul Foley, Principal Planner, Planning and Community Development Department (310) 458-8341 4. Project Location: The property to be acquired is located at 9632 5t~' Street, situated on the west side of 5t" Street in the block south of Colorado Avenue and north of Olympic Boulevard. 5. Project Sponsor's Name and Address: City of Santa Monica, ~685 Main Street, Santa Monica, CA 90401 6. General Plan Designation: General Commercial 7. Specific Plan Designation: N/A 8. Zoning: C3 (Downtown Commercial District) CtTY QF SANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, California 90401-3295 9. Description of Project: The project is the acquisition by the City of Santa Monica of the property as described below: 9632-1636 5t`' Street propertyis a rectangularshaped, single parcel with a total gross site area of nearly 8,800 square feet or 0.202 acres. The parcel is improved with a four-story, 15,800 square foot, single tenant creative office building that is 100°l0 /eased. The properfy offers a total of 34 parking spaces. The City intends to purchase the 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 will be leased back to the current occupant until such time as plans are deve%ped 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 (CEQA). 10. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. Surrounding uses include auto service businesses and o~ce buildings to the north; an otfice building and the Santa Monica Freeway to the south; Sears automotive and retail store, the Santa Monica Place Mall and the Third Street Promenade with various retailers, restaurants and theatres to the west; the Santa Monica bus yard, housing, office buildings and retail stores to the east. 11. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Santa Monica City Council authorization to proceed with purchase of fhe sites. I1. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED Environmental factors checked below would be potentially affected by this project, invofving at least one impact that is a"Potentially Significant lmpact" as indicated by the checklist on the folVowing pages. 2 CITY OF SANTA MONICA PLANNlNG AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, California 90401-3295 _ Geology/Soils _ Shadows Construction Effects _ Biological Resources ,_ Public Services _ Hazards/Hazardous Materiafs ^ Air Quality _ Hydrofogy/Vllater Quality _ Population/Housing _ Cultural Resources ~ Transportation/ Circulation Land Use/Planning _ Aesthetics _ Mineral Resources , Mandatory Findings of _ Agriculture Resources Significance III. ENVIRONMENTAL IMPACTS {n completing this checklist, keep in mind the fo4lowing: e Economic and Social lmpacts _ Recreation _ Noise _ Utilities/Service Systems _ Neighborhood Effects 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses foflowing each question. A"No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A"No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). All explanations should be contained in a"Discussion of Environmental Evaluation" which should be attached to this checklist. 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational irnpacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentia{ly significant, less than significant with mitigation, or fess than 3 CITY OF SANTA MON{CA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, California 90401-3295 significant. A potentially Significant Impact is appropriate if there is substantial evidence that an effect may be significant. If there are one or more Potentially Significant Impact entries when the determination is made, an EIR is required. 4) A Negative Declaration: Less Than Significant With Mitigation Incorporated applies where the incorporation ;of mitigation measures has reduced an effectfrom a Potentially Significant Impactto.a Less Than Significant Impact. The lead agency must describe the mit~gation measures, and briefly explain how they reduce the effect to a less. than significant level (mitigation measures from "Earlier Ar~afyses," may: be cross-referenced). 5) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process an effect has been ~adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: ° a) Earfier analysis Used. Identify and state where they are available for review. b) Impacts AdequatelyAddressed. Identifywhich effects from the above checklist were within .the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addresssd by mitigation measures based on the earfier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 7) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and 4 CITY OF SANTA M4NICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, California 90401-3295 b) The mitigation measure identified, if any, to reduce the impact to less than significance. lft. ENVIRONMENTAL IMPACTS Pot. Less Than Less Than No Signif. Signif. Signif. Impact Impact Wifh Impact Mitigation Incorporated 1. Geology and Soils. Would the project: a. Expose people or structures to 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 substantiaf ~ evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. x ii) Strong seismic ground shaking? _ _ _ x iii) Seismic-related ground failure, including liquefaction? _ _ _ x iv) Landslides? _ _ _ x b) Result in substantial soil erosion or the loss of topsoil? ~ ~ _ x c) Be focated on a geofogic unit or soil that is unstable, or that 5 CITY OF SANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, California 90401-3295 would become unstable as a result of the project, and potentially result in on- or off -site landslide, latera! spreading, subsidence, liquefaction or collapse? ~ _ _ d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? x x e} Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? 2. Air Quality - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: x a) Conflict with or obstruct _, implementation of the applicable air quafity plan? , _ _, x b) Violate any air quality standard or contribute substantialiy to an existing or projected air quality violation? c) Result in a cumufativefy considerabfe net increase of any criteria pollutant for which the x 6 CITY OF SANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hatl, 1685 Main Street, Santa Monica, California 90401-3295 project regian is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? _ _ _ x d) Expose sensitive receptors to substantial pollutant concentrations? x e) Create objectionable odors affecting a substantial number of people? _ _ _ x 3. Hydrology and Water Quality - Would the project: a) Violate any water quality standards or waste discharge requirements? _ _ _ x b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production 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, including through the alteration of the course of a stream or river, in a manner which would result in 7 CtTY OF SANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, California 90401-3295 substantial erosion or siltation on or off-site? x d} Substantially alter the existing drainage pattern of the site or area, including through fihe alteration of the course of a stream or river, or substantially increase the rate or amount of surFace runoff in a manner which would result 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) Otherwise substantially degrade water quality? _ ~ _ x g) Place housing within a 100-year fiood hazard area as mapped on a federal F1ood Hazard Boundary or Flood Insurance Rate Map or other hazard delineation map? x h) Place within a 100-year flood hazard area structures which would impede or redirect flood ffows? ~ x i) Expose people or structures to a significant risk of ioss, injury or death involving flooding, including ffooding as a resuft of the fiailure of a levee or dam? x 8 CITY OF SANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, California 90401-3295 j) Inundation by seiche, tsunami, or mudflow? -. ~ _ x 4. Biological Resources - Wouid the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species in local 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 substantial 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 Wildlife Service? X c) Have a substantial adverse effect on federafly protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, verna( pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? x d) Interfere substantially with the movement of any native resident or migratory fish or wifdfife species or with established native resident or migratory wildlife corridors, or impede the use of native wi(dlife nursery sites? 9 CITY OF SANTA MONICA PLANNfNG AND COMMUNITY DEVELQPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, California 90401-3295 x e) Conffict with any local policies or ordinances protecting . biological resources, such.as a tree preservation policy or ordinance? ~ x f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Comrnunity Conservation Plan, or other approved local, regional, or state habitat conservation plan? x 5. Noise - Would the project re~sult in: ~ a) Exposure of persons to or generation of noise levels in . excess of standards estabfished . in the local general ptan or noise ordinance, or applicable standards of other agencies? _ b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? x x x d) A substantial temporary or periodic increase in ambient noise levels in the pro}ect vicinity above levels existing 10 CITY OF SANTA MONICA PLANNING AND COMMUNiTY DEVELOPMENT DEPARTMENT City Hal1, 1685 Main Street, Santa Monica, California 90401-3295 without 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 airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? x 6. Shadows. Will the proposal produce extensive shadows affecting adjacent light sensitive uses or property? x 7. Hazards and Hazardous Materials - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? x b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and - accident conditions involving the release of hazardous materials into the environment? x c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? x 11 CITY OF SANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, Cafifornia 90401-3295 d) Be located on a site which is incfuded on a list of hazardous 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? 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 airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? ! _ _ x f) For a project within the vicinity of a private airstrip, would the project re~ult in a safety hazard for people residing or working in the project area? _ _ _ x g) Impair impfementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? _ _ _ x h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? x 12 CITY OF SANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, California 90401-3295 8. Population and Hou\sing - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? x b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? _ _ _ x c} Displace substantial number of people, necessitating the construction of replacement housing elsewhere? _ _ _ x 9. Land Use and Planning. Would the project: a) Physicafly divide an estab{ished community? _ _ _ x b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? x c) Conflict with any applicable 13 CITY OF SANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, California 90401-3295 habitat conservation plan or natural community conservation pfan? , _ ! x 10. Transportation/TrafFic - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic laad 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 or highways? _ _ _ x c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? ~ ~ _ x d} Substantially increase hazards due to a design feature (e.g., sharp curves or dangeraus intersections) or incompatible uses (e.g., farm equipment)? x e) Result in inadequate emergency access? _ _ ! x 14 CITY OF SANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hafl, 1685 Main Street, Santa Monica, California 90401-3295 fi) Result in inadequate parking capacity? _ _ ~ X g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? x i) Involve right of way dedication resufting in a reduced lot area? _ r _ x j) Reduce access to other properties and uses? _ _ _ X k) Create abrupt grade differential between public and private property? _ . _. ._ X 11. Utilities and Service System - Would the project: a) Exceed wastewater treatment requirements of the appficabfe Regional Water Quality Control Board? X b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which cou{d cause significant environmental effects? ) _ _ ~ X c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction 15 CITY OF SANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hal(, 1685 Main Street, Santa Monica, California 90401-3295 of which could cause significant environmentai effects x d) Have sufficient water supplies ~ available to serve the project from existing entitlements and resources, or are new or , expanded entitlements ~ needed? 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 addition to the provider's existing commitments~ ~ _ ! _ x f) Be served by a landfill with sufficient permitted capacity to accommodate the project's. solid waste disposal needs? x g) Comply with federal, state, and local statutes and regulations ~° related to solid waste? x 12. Public Services a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintai~ acceptable service ratios, ~ response times or other 16 CITY OF SANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, California 90401-3295 perFormance objectives for any of the public services: Fire protection? ~ , Police protection? ~ _ ~ Schools? Parks? Other public facilities? _ _ 13. Recreation , a) Would the project increase the use of existing neighborhood and regional. parks or other recreational facilities such that substantial physicai deterioration of the fiacility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? 14. Cultura{ Resources - Would the project: a) Cause a substantial adverse change in the significance of a historica{ resource as defined in '15064.5 b) Cause a substantial adverse change in the significance of an archaeological _ x ~ x x x _ x x x x 17 CITY OF SANTA MONIGA PLANNING AND COMMUNiTY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, California 90401-3295 resource pursuant to ' 15064.5? x c) Directly or indirectly destroy a unique paleontological resource or site or 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) Substantiafly damage scenic resources, including, but not limi±ed to, trees, rock outcroppings, and historic buildings within a state scenic highway? ` _ _ x c) Substantially degrade the existing visuaf character or quality of the site and its surroundings? _ _ ! x d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? x 16. Construction Effects. Woufd the proposal have considerab{e construction- period impacts due to the scope, or location of construction activities? x 18 CITY OF SANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT ~ City Hall, 1685 Main Street, Santa Monica, California 90401-3295 17. Economic and Social Impacts. Does the project have economic 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 business 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 agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts 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 to the Farmland Mapping and Monitoring program of the California Resources Agency, to non-agricultural use? _ _ _ x b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? x c) Involve other changes in the existing environment which, due to their location or nature, coufd result in conversion of farmland, to non-agriculturaf use? _ _ _ x 19 CfTY OF SANTA MONfCA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, California 90401-3295 19. , Mineral Resources - Would the project; a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents ofi the State? x b) Resuft in the loss of availability , of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or otl~er land use plan? x 20. Neighborhood Effects. Will the proposal have considerable effects on the project neighborhood? ~ ~ _ x 21. Mandatory Findings of Significance. a) Does the project have the poten- tial to degrade the quality of the environment, substantially 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 commun- ity, reduce the number or restrict the range of a rare or endangered piant or animal or efiminate important examples of the major periods of California history or pre-history ^ _ , x b) Does the project have impacts that are individually limited, but cumulatively considerable? 20 CITY OF SANTA MONICA PLANNfNG AND COMMUNITY DEVELOPMENT DEPARTMENT City Hafl, 1685 Main Street, Santa Monica, California 90401-3295 ("Cumulativefy considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? _ _ _ X c) Does the project have environ- mental effects which will cause substantial adverse effects on human beings, either directly or indirectfy? _ , _ x fV. DISCUSSfON OF ENVIRONMENTAL EVALUATION The project is the acquisition by the City of Santa Monica of the property as described below: 1632-1636 5th Street property is a rectangular shaped, single parcel with a total gross site area of nearly 8,800 square feet or 0.202 acres. The parcel is improved with a four-story, 15,800 square foot, single tenant creative style office building that is 100% leased. The property offers a total of 34 parking spaces. The City intends to purchase the site with the purpose of achieving various public purpose goals and objectives. There is currently no buifding demolition being contemplated and no plans for reuse or redevelopment have been prepared. The property will remain in its present condition and will be leased back to the current occupant until such time as plans are developed and approved by the CEty. Any future re-use or re-development of the site will be subject to separate review for compliance with the California Environmental Quality Act. 1. Geology and Soils (a, b, c, d, e) The proposed project does not have any impacts on geology and soils as the project entails only the purchase of commercial property by the City of Santa Monica, the lease back of the property to its current occupant, and does not 21 CITY OF SANTA MONICA PLANNING AND COMMUNfTY DEVELOPMENT DEPARTMENT City Hall, 1685 Ma+n Street, Santa Monica, California 30401-3295 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 of commercial property by the City of Santa Monica, the fease back of the property to itS current occupant, and does not include construction. ~ 3. Hydrology and Water Quality The proposed project does not have any impacts on hydrology and water quality as the project entails only the purchase of commercial property by the City of Santa Monica, the lease back of the property to its current occupant, and does not include construction. 4. Biological Resources (a, b, c, d, e, ~ The proposed project does not have any impacts on biological resources as the project entails only the purchase of commercial property by the City of Santa Monica, the lease back of the property to its current occupant, and does not include construction. 5. Noise (a, b, c, d, e} The proposed project will not have impacts on noise as the project entails only the purchase of commercial property by the City of Santa Monica, the lease back of the property to its current occupant, and does not include noise-generating construction activities. 6. Shadows The proposed project will not have impacts on shadows as the project entails only the purchase of commercial property by the City of Santa Monica, the lease back of the property to its current occupant, and does not include construction. 7. Hazards and Hazardous Materials The proposed project will not have impacts on hazards and hazardous material as the project entails onfy the purchase of commercial property by the City of Santa Monica, the lease back of the property to its current occupant, and does not include construction. 8. Population and Housing (a, b, c) The proposed project will not have impacts on population and housing as the project entails only the purchase of commercial property by the City of Santa 22 C1TY OF SANTA MONICA ~ PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Haf1, 1685 Main Street, Santa Monica, California 90401-3295 Monica, the lease back of the property to its current occupant, and does not include construction. 9. Land Use and Planning (a, b, c) The proposed project will not have impacts on land use and planning as the project entails only the purchase of commercial property by the City of Santa Monica, the lease back of the property to its current occupant, and does not include construction. 10. Transportation/Traffic (a, b, c, d, e, f, g, h, I, j, k) The proposed project will not have impaets on transportationltraffic as the project entails only the purchase of commercial property by the City of Santa Monica, the fease back of the property to its current occupant, and does not include construction. 11. Utilities and Service System {a, b, c, d, e, f, g) The proposed project will nat have impacts on utilities and the service system ~ as the project entails only the purchase of commercial property by the City of Santa Monica, the lease back of the property to its current occupant, and does not include construction. 12. Public Services (a) The proposed project will not have impacts on public services as the project entails only the purchase ofi commerciaf property by the City of Santa Monica, the lease back of the property to its current occupant, and does not include construction. 13. Recreation (a, bj The proposed project will not have impacts on recreation as the project entails only the purchase of commercial property by the City of Santa Monica, the lease back of the property to its current occupant, and does not include construction. 14. Cultural Resources (a, b, c, d) The proposed project will not have impacts on cultural resources as the project entails only the purchase of commercial property by the City of Santa Monica, the lease back of the property to its current occupant, and does not include construction. 15. Aesthetics (a, b, c, d) , The proposed project will not have impacts on aesthetics as the project 23 CiTY 4F SANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, California 90401-3295 entails only the purchase of commercial property by the City of Santa Monica, the lease back of the property to its current occupant, and does not include construction. 16. Construction Effects The proposed project will not have construction effects as the project entails only the purchase of commercial property by the City of Santa Monica, the lease back of the property to its current occupant, and does not include construction. 17. Economic and Social Impacts The proposed project will not have economic and social impacts as the project entails only the purchase of commercial property by the City of Santa Monica, the lease back of the property to its current occupant, and does not include construction. 1~. Agriculture Resources (a, b, c) The proposed project wiff not have impacts on agriculture resources as the project entaifs only the purchase of commerciaf property by the City of Santa Monica, the lease back of the property to its current occupant, and does not include constr~action. 19. Mineral Resources (a, b) The proposed project will not have impacts on mineral resources as the project entails only the purchase of commercial property by the City of Santa Monica, the lease back of the property to its current occupant, and does not include construction. 20. Neighborhood Effects The proposed project will not have impacts on neighborhood effects as the project entaifs only the purchase of commercial property by the City of Santa Monica, the fease back of the property to its current occupant, and does not include construction. 21. Mandatory Findings of Significance (a, b, c) a) Does the project have the potentiat to degrade the quaiity 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 eliminate a ptant or animal community, reduce the number or restrict the range of a rare or 24 CITY OF SANTA MONtCA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, California 90401-3295 endangered pfant or animaf or efiminate important exampies of the major periods of California history or pre-history? No. The project will not degrade the quality of the environment as the project entails only the purchase of commercial property by the City of Santa Monica, the /ease back of the property to its current occupant, and does not include construction. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the efFects of past projects, the effects of other current projects, and the effects of probable fiuture projects)? No. The project has no cumulative impacts as the project entails only the purchase of commercial property by the City of Santa Monica, the /ease back of the property to its current occupant, and does not include construcfion. c) Does the project have environmental effects which will cause substantial adverse effect~ on human beings, either directly or indirectly? No. The project has no adverse effect on human beings as the project entails only the purchase of commercial property by the City of Santa Monica, the /ease back of the property to its current occupant, and does not include consfruction. V. DETERMINATION (See attachment) VI. SOURCES The following documents were used in determining the environmental effects of the proposed project: Downtown Parking Program Environmental Impact Report (E{R), Safety Element, and Zoning Ordinance (all are avaifable for review at the City 25 CITY OF SANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT City Hall, 1685 Main Street, Santa Monica, California 90401-3295 P{anning Division Pub{ic Counter). The following summarizes the content of these documents: Safety Element: Goals and policies to reduce risks associated with natural and man-made hazards. EIR certified February 21, 1995. State Clearinghouse Number 92031082. Zoninq Ordinance: City wide development standards. Final Suppiemental E1R, June 1988. F:\CityPlanning\Share\EIRTEMPS\1632 5th Street IS.doc 26 Attachment A Leqal Description All that certain real property situated in the County of Los Angeles, State of California, described as follows: 1632-1636 5T" STREET LOTS 20 AND 21 OF TRACT NO. 974, IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16 PAGE (S) 19 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE REAR 10 FEET THEREOF CONVEYED TO THE CITY OF SANTA MONICA FOR PUBLIC ALLEY PURPOSES BY DEED RECORDED IN BOOK 4391 PAGE 16 OF DEEDS. A-1 ~~\ . y4 . _ ~j4 C3 ,. ~~,,jr . . _ . . .. y~`~-p~ ~ ' "! -.. . . ~ , l~4 .. '~ ~~ ~~ ~a~~ , ., i ~~ ~__~. . ' ~~~ Q~ ~~ , » ~~~1 Sry c= ~, r A29fl•Ot t -d12D ~ -":...4T ~ ~ . . .. . ~C~ . , .. 4'~'~. ~ .. .. .. . . ~'A . .. . ~ .. I, .~ .. . . ~-. _. _ . _ .. ~ ~ ~ SA~3TA 6AO~+ECA fV:Y O~FRA-MP ~ _ _....._.. „.. ~ _ _. ~ ~ BI.v~ _ ~ . , - OiYt9~4C , 1632-1636~ 5t" Street Property A-2 ee o e eso u ~ o n os . , an , . e erence on rac os. an