R-10476Council Meeting: May 11, 2010
Santa Monica, CA
RESOLUTION NO. Ioa~6
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
ADOPTING A NEGATIVE DECLARATION FOR
THE PURCHASE OF PROPERTY LOCATED AT 1301-1333 FOURTH STREET
WHEREAS, a Notice of Intent to Adopt an Initial Study for the purchase of property
located at 1301-1333 4T" Street was published on July 12, 2006, in compliance with the
Califorhia Environmental Quality Act (CEQA) and the City of Santa Monica (City) CEQA
Guidelines; and,
WHEREAS; the Proposed Draft Negative Declaration was posted with the Los
Angeles County Clerk and made available for public comment for 20-days beginning on
July 12, 2006, and ending on August 1, 2006; and
WHEREAS, one comment was received, during the public comment period and
was subsequently withdrawn; and
WHEREAS, after public notice of the availability of the Negative Declaration was
given, the proposed project was modified with respect to the financial mechanism by which
the subject property shall be acquired so that instead of the City purchasing the site, it is
proposed that (1) the Agency shall acquire the subject property through a Purchase and
Sale Agreement, receiving fee title to the property, subject to installment Agency
promissory notes in favor of the sellers as described above and. secured by one first
priority deed of trust on the Property, and (2) under the proposed transaction, the Agency
would lease the property to the City, and the City and Agency would enter into a
1
would enter. into a reimbursement agreement so that Agency funds would reimburse the
City for the annual rent payments; and
WHEREAS, the change in the financial manner by which the subject properly shall
be acquired is not a "substantial revision" of the Negative Declaration within the meaning
of CEQA Guideline section 15073.5 and, therefore, recirculation of the Negative
Declaration is not required; and
WHEREAS, on May 11, 2010, the City Council, as Lead City Agency, reviewed the
Initial Study and Proposed Negative Declaration.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that the Initial Study identified no areas in
which the project would have a potentially significant impact.
SECTION 2. The City Council has reviewed and considered the Initial Study and
Negative Declaration during the public review process prior to acting on the project.
SECTION 3. The City Council finds that, based on the whole of the record before
it, including the Initial Study, Negative Declaration, there is no substantial evidence that the
Project will have a significant effect on the environment, and that the Negative Declaration
reflects the City's independent judgment and analysis. Therefore, the City Council hereby
approves the Negative Declaration.
SECTION 4. Consistent with Public Resources Code Section 21081.6 (a) (2), the
documents which constitute the record of proceedings for approving this project are
located in the Planning and Community Development Department, 1685 Main Street,
Room 212, Santa Monica, California. The custodian of these records is Paul Foley, Senior
Planner in the City Planning Division of the Planning and Community Development
Department.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
Adopted and approved this 11t" day of May, 2010.
~~/Y`~--
Pam O'Connor, Mayor Pro Tem
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify
that the foregoing Resolution No. 10476 (CCS) was duly adopted at a meeting of
the Santa Monica City Council held on the 11t" day of May, 2010, by the following
vote:
Ayes: Council members: O'Day, Davis, Shriver,
McKeown, Mayor Pro Tem O'Connor
Noes: .Council members: None
Absent: Council members: Bloom, Holbrook
ATTEST:
Maria Stewart, City lerk