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r-10597Resolution ofi Statement of Overriding Consideration Santa Monica, California City Council Meeting: July 26, 2011 RESOLUTION NO. 10597 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING FINDINGS NECESSARY TO ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING PROGRAM FOR THE 2834 COLORADO AVENUE CREATIVE STUDIO PROJECT WHEREAS, an Environmental impact Report was prepared which analyzes the environments! effects of the 2834 Colorado Avenue Creative Studio Project; and WHEREAS, the City Council, as Lead City Agency, reviewed the Final Environmental Impact Report in full compliance with State and City CEQA Guidelines; and WHEREAS, on July 2&, 2011, the City Council certified that the Final Environmental impact Report was prepared in full compliance with State and City CEQA Guidelines. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEF2EBY RESOLVE AS FOLLOWS: SECTION 1. Consistent with Article V1, Section 12 of the City of Santa Monica CEQA Guidelines and Sections 15128 of the State of California CEQA Guidelines, the Initial StudyiNotice of Preparation incorporated herein by reference determined that the following environmental impacts were not considered potentially significant and were not addressed further in the Final EPR: aesthetics, agriculture and forestry, biological resources, cultural resources, greenhouse gas emissions, hazards and hazardous materials, hydrology/water quality, land use/planning, mineral resources, population/housing, public services, recreation, and utilities/service. SECTION 2. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Sections 15091 and 15092 of the State of California CEQA Guidelines, the City Council finds that most impacts resulting from the project can be reduced to a level that is less than significant. More specifically, significant environmental effects, as identified in this Section below, can feasibly be eliminated or substantially reduced to below a level of significance.. (a) The Final EIR determined that without mitigation, the project could have a potentially significant effect due to construction effects. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and as detailed in Section 4.3 of the EIR, incorporated herein by reference, the City Council finds that the following mitigation measures have been required in the project that will mitigate or reduce most of the project's construction impacts to below levels of significance: CON-1 Construction Impact Mitigation Plan. The applicant shall prepare, implement and maintain a Construction Impact Mitigation Plan which shall be designed to: • Prevent material traffic impacts on the surrounding roadway network. • Minimize parking impacts both to public parking and access to private parking to the extent practicable. • Ensure safety for both those constructing the project and the surrounding community. • Prevent substantial truck traffic through residential neighborhoods. 2 The Construction Impact Mitigation Plan shall be subject to review and approval by the following City departments: Public Works, Fire, Planning and Community Development and Police. This review will ensure that the Plan has been designed in accordance with this mitigation measure. This review shall occur prior to commencement of any construction staging for the project. The mitigation shall, at a minimum, include the following: Ongoing requirements throughout the duration of construction: • A detailed traffic control plan for work zones shall be maintained which includes at a minimum accurate existing and proposed: parking and travel lane configurations; warning, regulatory, guide and directional signage; and area sidewalks, bicycle lanes and parking lanes. The plan shall include specific information regarding the project's construction activities that may disrupt normal pedestrian and traffic flow and the measures that address these disruptions. Such plans must be reviewed and approved by the Transportation Management Division prior to commencement of construction and implemented in accordance with this approval. • Work within the public right-of-way shall be performed between 9:OOA.M. and 4:OOP.M., including: dirt and demolition material hauling and construction material delivery. Work within the public right-of- way outside of these hours shall only be allowed after the issuance of an after-hours construction permit. • Streets and equipment shall be cleaned in accordance with established PW requirements. • Trucks shall only travel on a City approved construction route. Truck queuing/staging shall not be allowed on Santa Monica streets. Limited queuing may occur on the construction site itself. • Materials and equipment should be minimally visible to the public; the preferred location for materials is to be on-site with a minimum amount of materials within a work area in the public right-of-way, subject to a current Use of Public Property permit. • Any requests for work before or after normal construction hours within the public right-of-way shall be subject to review and approval through the After Hours Permit process administered by the Building and Safety Division. • Off-street parking shall be provided for construction workers. This may include the use of a remote location with shuttle transport to the site, if determined necessary by the City of Santa Monica. 3 Project Coordination Elements that shall be implemented prior to commencement of construction: • The traveling public shall be advised of impending construction activities (e.g. information signs, portable message signs, media listing/notification, implementation of an approved traffic control plan). • Any construction work requiring encroachment into public rights-of- way, detours or any other work within the public right-of-way shall require approval of a Use of Public Property Permit, Excavation Permit, Sewer Permit or Oversize Load Permit, as well as any Caltrans Permits required. • Timely notification of construction schedules shall be given to all affected agencies (e.g. Big Blue Bus, Police Department, Fire Department, Public Works, and Planning and Community Development Department) and to all owners and residential and commercial tenants of property within a radius of 500 feet. • Construction work shall be coordinated with affected agencies in advance of start of work. Approvals may take up to two weeks per each submittal. • The Transportation Management Division shall approve any haul routes, for earth, concrete or construction materials and equipment handling. • Project Coordination shall consider any other construction projects occurring at the same time as the construction of this project. CON-2(a) Diesel Equipment Mufflers. All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers. CON-2(b) Electrically-Powered Tools. Electrical power shall be used to run air compressors and similar power tools. CON-2(c) Restrictions on Excavation and Foundation/Conditioning. Excavation, foundation-laying, and conditioning activities (the noisiest phases of construction) shall be restricted to between the hours of 10:00 AM and 3:00 PM, Monday through Friday, in accordance with Section 4.12.110(d) of the Santa Monica Municipal Code. CON-2(d) Additional Noise Attenuation Techniques. For all noise generating construction activity on the project site, additional noise attenuation techniques shall be employed to reduce noise levels to 83dB or less from 8:OOam to 6:OOpm weekdays and 9:OOam to S:OOpm Saturdays. Such techniques may include, but are 4 not limited to, the use of sound blankets on noise generating equipment and the construction of temporary sound barriers around the perimeter of the construction site. CON-2(e) Construction Sign Posting. In accordance with Santa Monica Municipal Code Section 4.12.120, the project applicant shall be required to post a sign informing all workers and subcontractors of the time restrictions for construction activities. The sign shall also include the City telephone numbers where violations can be reported and complaints associated with construction noise can be submitted. CON-3(a) ROG Control Measures. The applicant shall ensure that architectural coatings use on the project comply with SCAOMD Rule 1113, which limits VOC content of architectural coatings. CON-3(b) Fugitive Dust Control Measures. The following shall be implemented during construction to minimize fugitive dust and associated particulate emissions: • Sufficiently water all material excavated or graded should be to prevent excessive amounts of dust. Watering should occur at least three time daily with complete coverage, preferably at the start of the day, in the late morning and after work is done for the day; • Cease all grading, earth moving or excavation activities during periods of high winds (i.e., greater than 20 mph measured as instantaneous wind gusts) so as to prevent excessive amounts of dust; • Securely cover all material transported on and off-site should be to prevent excessive amounts of dust; • Cover all soils stockpiles; • Limit on-site vehicle speeds to 15 mph; • Install wheel washers where vehicles enter and exit the construction site onto paved roads or wash off trucks and any equipment leaving the site each trip; • Appoint a construction relations officer to act as a community liaison concerning on-site construction activity including resolution of issues related to PM10 generation; • Sweep streets at the end of the day using SCAQMD Rule 1186 certified street sweepers or roadway washing trucks if visible soil is carried onto adjacent public paved roads (recommend water sweepers with reclaimed water). 5 (b) The Final EIR determined that without mitigation, the project could have a potentially significant effect on geology. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and as detailed in Section 4.4 of the EIR, incorporated herein by reference, the City Council finds that the following mitigation measures have been required in the project that will mitigate or reduce the project's impacts on geology to below a level of significance: GEO-4(a) Excavation Stability. If temporary construction embankments are to be maintained during the rainy season (November 1 through April 15), berms shall be installed along the top of the embankments where necessary to prevent runoff from entering the excavation and eroding the excavation faces. The soils exposed in the excavations shall be inspected by qualified personnel from Geotechnologies, Inc. so that modification can be made if variations in the soil conditions occur. All excavations shall be stabilized for 30 days from the initial excavation. Water shall not be allowed to pond on top of the excavation or allowed to flow towards the excavation. GEO-4(b) Retaining Wall Back Drainage System. A plastic drainage composite such as Miradrain or equivalent shall be installed in contiguous four foot wide columns along the back face of the retaining wall, at eight feet on center. The top of the drainage composite columns shall terminate approximately two-feet below the ground surface, whether either hardscape or a minimum of two feet of relatively cohesive material shall be placed as a cap. The vertical columns of drainage material shall then be connected at the bottom of the wall to either a continuous four foot high strip of similar drainage composite or a four inch perforated subdrain pipe covered with a minimum 12 inches of gravel per lineal foot. This system shall then be connected through pipes placed in sleeves through the bottom of the wall or footing, where they shall then connect to a sump located below the floor slab. (c) The Final EIR determined that without mitigation, the project could have a potentially significant effect on traffic. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and as detailed in Section 4.8 of the EIR, incorporated herein by reference, the City Council finds that the following mitigation measures have been required in the project that will mitigate or reduce the project's 6 impacts on traffic at five studied intersections (26th Street and Santa Monica Blvd., 26th Street and Broadway, Stewart St. and Olympic Blvd., Bundy Dr. and Pico Blvd. and Bundy Dr. and I-10 eastbound on-ramp) to below levels of significance: T-1 (a) Transportation Demand Management Program. A TDM plan shall be submitted to the City of Santa Monica Transportation Management Division for review and approval prior to issuance of building permits. As part of the TDM plan, the applicant shall include the following: • Achieve at least a 50% reduction in peak hour trips for the media studio/office uses relative to the trip generation projected for ITE general office (#710); • The TDM plan trip reduction targets shall incorporate yearly monitoring, reporting, and enforcement. Annual monitoring and reporting shall include morning and afternoon trips counts as well as observations. • As outlined in Appendix D of the Final EIR, potential TDM strategies may include transit pass subsidy, ridesharing, vanpool subsidy, parking cash out, guaranteed ride home, bicycle facilities, flexible work hours, transportation information center, wayfinding signage, and/or commuter club. T-1 (g) Stewart Street and Olympic Blvd. The traffic signal at the intersection of Stewart Street and Olympic Blvd. shall be modified to provide protected-permitted left-turn phasing for all legs of the intersection, except for the southbound leg. A combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads shall be installed to implement the protected-permitted left-turn phasing. T-1(i) Centinela Avenue (East) & Olympic Boulevard. The mitigation measure that would fully mitigate the project-related impact at this intersection would require the introduction of an exclusive right-turn lane on the northbound Centinela Avenue approach to Olympic Boulevard. This would .bring the lane geometries for the northbound approach to two left-turn lanes and one right-turn lane. Currently, parking is allowed along the western side of Centinela Avenue. In order to provide adequate roadway width for the exclusive southbound left-turn lane, approximately eight on- street parking spaces along the west side of Centinela Avenue, south of the intersection, would need to be removed: Some combination of new signage, detectors, and/or lane restriping would also be required. Since this intersection is controlled and co-owned by the City of Los Angeles, the implementation of this mitigation measure would require their approval based on their criteria. Although mitigation at this intersection appear feasible, implementation is dependent on factors outside the City of Santa Monica's and the applicant's control. Accordingly, the applicant shall not be required to implement this measure unless it is approved by the City of Los Angeles. The applicant shall use its good faith reasonable efforts to obtain such approval, including filing a "B" permit application or other application 7 plans, specifications and studies that provide sufficient information and details to enable the City of Los Angeles to evaluate implementing the Mitigation Measure. These applications shall be submitted prior to the issuance of building permits. If timely approved by the City of -Los Angeles, such improvements shall be completed prior to issuance of a certificate of occupancy for the project. T-1 Q) Centinela Avenue & Exposition Boulevard. The following options would mitigate project-generated impacts at this intersection to varying degrees; Option A would fully mitigate impacts and Option B would fully mitigate impacts under HCM methodology and partially mitigate impacts (AM peak hour only) under CMA methodology. Option A would require City of Los Angeles approval. Option A: An exclusive northbound left-turn lane on Centinela Avenue shall be introduced and some combination of new signage, controller cabinets, poles, mast arms, detectors,. and/or signal heads shall be installed. Option B: The eastbound approach on Centinela Avenue shall be restriped to provide separate right- and left-turn lanes and the northbound approach shall be restriped to provide one left-turn lane and one through lane. The City of Los Angeles has complete ownership of this intersection; and initial analysis of such an improvement by the City of Los Angeles indicates that this improvement is feasible. The final outcome of this recommended improvement is outside of the control of the City of Santa Monica. Accordingly, the applicant shall not be required to implement this measure unless it is approved by the City of Los Angeles. The applicant shall use its good faith reasonable efforts to obtain such approval, including filing a "B" permit application or other application plans, specifications and studies that provide sufficient information and details to enable the City of Los Angeles to evaluate implementing- the Mitigation Measure. These applications shall be submitted prior to the issuance of building permits. If timely approved by the City of Los Angeles, such improvements shall be completed prior to issuance of a certificate of occupancy for the Project. SECTION 3. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA. Guidelines and Sections 15091, 15092, and 15093 of the State of California CEQA Guidelines, the City Council finds that the significant environmental effects as identified below cannot feasibly be avoided or mitigated to below a level of significance. Nevertheless, this impact is found to be acceptable due to overriding considerations as discussed in Section 5. 8 (a) The Final EIR determined that the project could result in significant and unavoidable impacts from construction effects .(air emissions). Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and as detailed in the Final EIR at Section 4.3, incorporated herein by reference, the City Council finds that the proposed project would result in construction-related emissions. Specifically, the Final EIR found. that the proposed project would result in significant and unavoidable construction-related impacts from PM10 and PM2.5 dust emissions. (b) The Final EIR determined that the project could result in significant and unavoidable impacts from traffic (intersection delay). Consistent with Article VI, Section 12 of the City of-Santa Monica CEQA Guidelines and as detailed in the Final EIR at Section 4.8, incorporated herein by reference, the City Council finds that the proposed project would result in traffic-related impacts to nine intersections in the project vicinity. Specifically, the Final EIR found that the proposed project would result in significant and unavoidable operational impacts at the following intersections: 20th Street and Olympic Boulevard (PM peak hour) Cloverfield Boulevard and Colorado Avenue (PM peak hour) Cloverfield Avenue and Olympic Boulevard (PM peak hour) Yale Avenue and Colorado Avenue (AM and PM peak hours) Stewart Street and Colorado Avenue(AM and PM peak hours) Centinela Avenue and Colorado Avenue (PM peak hour) Centinela Avenue and Exposition Boulevard (AM and PM peak hours) Centinela Avenue and I-10 westbound ramps (AM and PM peak hour) Bundy Drive and Olympic Boulevard(AM peak hour) As discussed in Section 4.8 of the EIR, pp. 4.8-63 to 4.8-66 mitigation measures were identified for each of these intersections which would reduce the impact to below the level of significance. However, as discussed in Section 4.8 of the EIR, pp. 4.8-67 to 9 4.8-78, these mitigation measures are determined to be infeasible due to a variety of secondary impacts associated with the implementation of these measures including elimination of functional and necessary roadway features, removal of mature median trees, prohibition of necessary turn movements, promotion of cut-through traffic, removal of on-street parking, reduction of pedestrian sidewalks, .and pedestrian/motorists safety impacts. These secondary impacts would adversely affect pedestrians, motorists, and the City's existing green space. Moreover; certain of the intersections are owned and controlled by the City of Los Angeles and therefore the City lacks the jurisdiction to impose these mitigation measures. Each of these secondary impacts cannot be mitigated and there are no other mitigation measures that can reduce the project-related impacts and these intersections. Since the proposed measures would result in unmitigable adverse secondary impacts to the built environment and the existing pedestrian and vehicular network, these mitigation measures are determined to be infeasible and the project-related impacts at these intersections would be significant and unavoidable. (c) The Final EIR determined that the project could result in significant and unavoidable impacts from traffic (neighborhood street impacts). Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and as detailed in the Final EIR at Section 4.8, incorporated herein by reference, the City Council finds that the proposed project would result in .traffic-related impacts to two street segments in the project vicinity. Specifically, the Final EIR found that the proposed project would result in significant and unavoidable impacts to the following street segments: 10 • Yale Avenue between Broadway and Colorado Avenue; and • Nebraska Avenue between Berkeley Street and Franklin Street. Pursuant to the City's Significance Criteria, the project's impact is considered significant on local streets if the existing Average Daily Trips are greater than 2,250 and there is a projected increase of one additional trip or more due to the project. Both Yale Avenue between Broadway and Colorado Avenue (2,890 vehicles) and Nebraska Avenue between Berkeley Street and Franklin Street (2,860 vehicles) have existing ADT in excess of 2,250 vehicles per weekday. The EIR estimated that 80 vehicle trips per day would be added to these street segments, creating significant adverse impacts. As indicated by their volume, these two street segments are prominent routes for traffic in the project area. There is no feasible mitigation measure, including relocating the project's access point or turn restrictions that would limit motorist that access or depart the project site from using the public street grid and these street segments. Short of full closure of the affected street segments, which would not be acceptable since these streets serve adjacent land uses and carry substantial traffic volumes that would then need to shift to other nearby streets, there are no mitigation measures that would reduce project related vehicle trips on these two street segments. Therefore, these impacts would be significant and unavoidable. SECTION 4. Consistent with Article VI, Section 12.a (3) of the City of Santa Monica CEQA Guidelines and Section 15091, 15092, and 15093 of the State CEQA Guidelines, and as analyzed in the Final EIR at Section 6, incorporated herein by reference, the City Council finds as follows: 11 (a) The CEQA mandated environmentally superior alternative is the "No Project Alternative." The No Project Alternative would be environmentally superior to the proposed project because it would involve no change to the environment. However, the No Project alternative is not feasible since it does not satisfy the applicant's basic objectives for the project to develop a creative studio and retail project and provide a variety of community benefits. None of these benefits would be obtained if the No Project Alternative were adopted. The CEQA Guidelines require that if the environmentally superior alternative is the No Project Alternative, that the EIR shall also identify an environmentally superior alternative among the other alternatives. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15091, 15092, and 15093 of the State of California. CEQA Guidelines, and as detailed in the Final EIR Section 6.0, incorporated herein by reference, the City Council finds that based on the project alternatives studied, the Residential/Commercial Project Alternative is environmentally superior to the proposed project. The Residential/Commercial Project Alternative would eliminate the proposed project's unavoidably significant traffic impacts on the affected street segments and have significant and unavoidable impacts at only one to two intersections due to the decrease in the number of vehicle trips generated by the alternative project above the current trips generated by existing uses on-site. However, Residential/Commercial alternative would not meet project objectives identified in Section 2.0, Project Description of the Final EIR. Specifically, the Residential/Commercial alternative would not meet the project objective of developing a 12 creative studio/local serving retail facility on the project site that would contribute to the City of Santa Monica and would be viable in the current and future market. In addition, the project objectives include contributing to the area's vision as atransit-focused employment center with mixed-use creative arts and a neighborhood that provides a quality transition to residential neighborhoods to the north, east, and south as envisioned in LUCE Goal D24. LUCE Policies D24.2 and D24.4 envision a diverse mix of creative arts facilities as well as local serving retail uses, which is also a project objective. The Residential/Commercial alternative would also not create atransit- employment center to the same extent as the proposed project The Reduced Creative Studio/Office Retail Use would met the basic project objectives related to the development of a creative studio/retail project, but would not be environmentally superior to the proposed project. .More specifically, although this alternative would incrementally reduce the project's significant impacts related to emissions and traffic, as with the proposed project, this alternative would not reduce any of these impacts below the threshold of significance, thereby resulting in the same significant and unavoidable construction-related and traffic impacts. SECTION 5. As fully described in Section 3, the Final EIR found that the proposed project would result in significant and unavoidable adverse impacts from construction effects (air emissions - PM10 and PM2.5) and traffic/transportation. Consistent with Article VI, Section 13 of the City of Santa Monica CEQA Guidelines and Section 15093 of the State of California CEQA Guidelines, the City Council hereby 13 makes a Statement of Overriding Considerations and finds that the benefits of the creative studio/retail project outweigh the unavoidable environmental impact based on the reasons stated below. The benefits identified are each one, in and of themselves, sufficient to make a determination that the adverse environmental effects are acceptable. (a) Transportation Demand Management Program: The applicant shall implement the following TDM measures as required in Article 2.8 of the Development Agreement and detailed in Exhibit "J" of the Agreement, which is incorporated herein by reference: • Transportation Information Center • TDM Website Information • Employee Transportation Coordinator • Pedestrian Way-finding • Transportation Demand Management Association • Carpool Program. Parking Pricing • Convenient Parking for Bicycle Commuters • On-Site Showers and Lockers • Compressed Work Week Schedule • Flex-Time Schedule • Carshare Space • Subsidized Transit Passes • Vanpool Subsidies • Parking Cash Payment • Guaranteed Ride Home • On Site Information Program • Coordination • Leases (b) Project and Community Benefits: The applicant will provide the following project and community benefits required by Article 2.7 of the Development Agreement and detailed in Exhibits "D", "F" and "G" of the Agreement, which is incorporated herein by reference: 14 1. Project Benefits • Increasing tax revenues; • Space for development, production and distribution of movies, music, television, video content, electronic games and related office space in order to retain and attract good-paying entertainment jobs; • An estimated 450 well-paying jobs within the City; • Reducing vehicle trips by implementing a TDM program that takes advantage of the forthcoming Expo Line and other modes of transportation that are alternatives to the automobile; and • Contributions to child care and cultural arts. 2. Community Benefits • Walkways and Enhanced Walkway Areas within the Project • Pedestrian Cafe Open to Public • Pennsylvania Avenue Extension • Sidewalk Widening • Contribution to Expo Station Enhancement at Bergamot Station • Parking District Management. • Internship • Local Hiring • Sustainable Design Features • Interface with Expo Light Rail System SECTION 6. Consistent with Public Resources Code Section 21081.6, the City Council adopts the Mitigation Monitoring Program, which is included as Section 9 of the Final EIR, to mitigate or avoid significant effects of the project on the environment, as detailed in Sections 1 and 2 of this resolution, and to ensure compliance during project implementation. 15 SECTION 7. Consistent with Section 21081:6(d) of the California Environmental Quality Act, the documents which constitute the record of proceedings for approving this project are located in the Planning and Community Development Department at 1685 Main Street, Room 212, Santa Monica, California. The custodian of these documents is Paul Foley, Principal Planner. SECTION 8. 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: o ~GCQ MA SHA NES M TRIE Ci ttor 16 Adopted and approved this 26th day of July, 2011. Richard Bloom, Mayor I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10597 (CCS} was duly adopted at a meeting of the Santa Monica City Council held on the 26th day of July, 2011, by the following vote: Ayes: Councilmembers: Holbrook, O'Connor, Mayor Pro Tem Davis, Mayor Bloom Noes: Councilmembers; None Absent: Councilmembers: McKeown, O'Day, Shriven ATTEST: ~~ Maria M. Stewart, C y Clerk