r-10664RESOLUTION NO. 10664 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA MAKING FINDINGS
NECESSARY TO APPROVE THE 710 WILSHIRE BOULEVARD MIXED -USE
PROJECT,
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION,
AND MITIGATION MONITORING PLAN
WHEREAS, an Environmental Impact Report has been prepared which analyzes
the environmental effects of the 710 Wilshire Boulevard Mixed -Use Project; and
WHEREAS, the Santa Monica City Council, as Lead City Agency, reviewed the
Final Environmental Impact Report in full compliance with State and City CEQA
Guidelines; and
WHEREAS, on March 20, 2012, the City Council certified that the Final
Environmental Impact Report was prepared in full compliance with State and City CEQA
Guidelines,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Consistent with Article IV, Section 12 of the City of Santa Monica
CEQA Guidelines and Section 15128 of the State CEQA Guidelines, the Initial
Study /Notice of Preparation determined that the following environmental impacts were not
considered potentially significant and were not addressed further in the Final
Environmental Impact Report: Agriculture and Forest Resources, Biological Resources,
Hydrology and Water Quality, Mineral Resources, Population and Housing, Public
Services, Recreation, and Utilities and Service Systems.
SECTION 2. Consistent with Article VI, Section 12 of the City of Santa Monica
CEQA Guidelines and Section 15091 and 15092 of the State CEQA Guidelines, and as
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detailed in the Final EIR, the City Council finds that impacts would be less than significant
without mitigation for aesthetics /shadows, air quality (operational), greenhouse gas
emissions, land use, and noise (operational).
SECTION 3. Consistent with Article VI, Section 12 of the City of Santa Monica
CEQA Guidelines and Sections 15091 and 15092 of the State of California CEQA
Guidelines, the City Council finds that most impacts resulting from the proposed project
can be reduced to an acceptable level. More specifically, significant environmental
effects as identified below can feasibly be avoided and have been eliminated or
substantially lessened.
(a) The Final EIR determined that without mitigation the proposed project could
result in significant adverse impacts to construction effects. Consistent with Article VI,
Section 12 of the City CEQA Guidelines and Section 15091 and 15092 of the State of
California CEQA Guidelines and as detailed in Chapter 4.3 of the Final EIR, the City
Council finds that the following mitigation measures have been required for the project
that will avoid 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 traffic impacts on the surrounding roadway network.
• Minimize parking impacts both to public parking and access to private
parking to the greatest extent practicable.
• Ensure safety for both those constructing the project and the surrounding
community.
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• Prevent substantial truck traffic through residential neighborhoods.
The Construction Impact Mitigation Plan shall be subject to review and approval by
the following City departments: Public Works Department, Fire, Planning and
Community Development and Police to ensure that the Plan has been designed in
accordance with this Mitigation Measure. This review shall occur prior to issuance
of grading or building permits. It 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. At a
minimum, this shall include: 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 to address these disruptions.
• Such plans shall 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 9:00 a.m.
and 4:00 p.m. This work includes 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.
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• 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 shall 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.
• Provision of off - street parking for construction workers, which may include
the use of a remote location with shuttle transport to the site, if determined
necessary by the City of Santa Monica
Project Coordination Elements That Shall Be Implemented Prior to
Commencement of Construction
• The applicant shall advise the traveling public of impending construction
activities (e.g., information signs, portable message signs, media
listing /notification, implementation of an approved traffic control plan).
• The applicant shall obtain a Use of Public Property Permit, Excavation
Permit, Sewer Permit or Oversize Load Permit, as well as any Caltrans
Permits required, for any construction work requiring encroachment into
public rights -of -way, detours or any other work within the public right -of -way.
• The applicant shall provide timely notification of construction schedules to
all affected agencies (e.g., Big Blue Bus, Police Department, Fire
Department, Public Works Department, and Planning and Community
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Development Department) and to all owners and residential and
commercial tenants of property within a radius of 500 feet.
• The applicant shall coordinate construction work with affected agencies in
advance of start of work. Approvals may take up to two weeks per each
submittal.
• The applicant shall obtain Transportation Management Division approval of
any haul routes for earth, concrete or construction materials and equipment
hauling.
CON 2(a) 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 a.m. and 3:00 p.m.,
Monday through Friday, to the extent that they exceed the applicable construction
noise limits, in accordance with Section 4.12.110(d) of the Santa Monica Municipal
Code. At any time that these construction activities occur outside of the specified
hours, a noise monitor shall be present on the project site in order to monitor noise
levels at the nearest sensitive noise receptors (residences in the apartment
building located on Lincoln Boulevard, immediately adjacent to the 1218 Lincoln
Boulevard lot).
If noise levels exceed the levels established in the Santa Monica Municipal Code
for Zone II properties (85 dBA during the weekday daytime for a 15 minute
continuous period and instantaneous construction noise level of 105 dBA during
the weekday daytime for a 15 minute continuous period), construction noise levels
shall immediately cease until noise level can be reduced to a level consistent with
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the levels established in the Santa Monica Municipal Code.
CON 2(b) Diesel Equipment Mufflers. All diesel equipment shall be operated
with closed engine doors and shall be equipped with factory recommended
mufflers.
CON 2(c) Electrically- Powered Tools. Electrical powered shall be used to run
air compressors and similar power tools.
CON -2(d) Additional Noise Attenuation Techniques. For all noise generating
construction activity on the project site, additional noise attenuation techniques
shall be employed as necessary to reduce noise levels to City of Santa Monica
noise standards. Such techniques may include, but are not limited to, the use of
sound blankets on noise - generating equipment and the construction of temporary
sound barriers between construction sites and nearby sensitive receptors.
CON -5(a) Fugitive Dust. All construction shall comply with the requirements of
SCAQMD Rule 403, Fugitive Dust, which requires the implementation of
Reasonably Available Control Measures (RACM) for all fugitive dust sources, and
the Air Quality Management Plan (AQMP), which identifies Best Available Control
Measures (BACM) and Best Available Control Technologies (BACT) for area
sources and point sources, respectively.
CON -5(b) Staging Area. Construction contractors shall establish an on -site
construction equipment staging area and construction worker parking lot, located
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on either paved surfaces or unpaved surfaces subjected to soil stabilization
treatments, as close as possible to a public highway. Control access to public
roadways by limiting curb cuts /driveways to minimize project construction impacts
upon roadway traffic operations.
CON -5(c) Non - Vehicular Equipment Engines. Construction contractors shall
properly maintain non - vehicular equipment engines to minimize the volume of
exhaust emissions.
CON -5(d) Electricity. Construction contractors shall use electricity from power
poles, rather than temporary diesel or gasoline powered generators.
CON -5(e) Alternative Fuel Sources. Construction contractors shall use on -site
mobile equipment powered by alternative fuel sources (i.e., methanol, natural gas,
propane or butane) to the extent such equipment is commercially available.
CON -5(f) Inspection of Equipment. Construction contractors shall inspect
construction equipment prior to leaving the site and wash off loose dirt with wheel
washers, as necessary.
CON -5(g) Rides haring /Shuttle. Construction contractors shall provide
ridesharing or shuttle service for construction workers.
CON -5(h) PM10 Reduction Measures for Grading Activities. Particulate matter
reduction measures from the SCAQMD shall be applied to all grading activities
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occurring on the project site throughout the construction phase. These shall
include:
• Apply water every 3 hours to disturbed areas within the construction site;
• Require minimum soil moisture of 12% for earthmoving by use of a
moveable sprinkler system or a water truck;
• Replace ground cover in disturbed areas as quickly as possible; and
• All trucks hauling dirt, sand, soil, or other loose materials shall be tarped
with a fabric cover and maintain a freeboard height of 12 inches.
CON -5(1) PM10 Reduction Measures for Haul Road Vehicle Activity.
Particulate matter reduction measures from the SCAQMD shall be applied to all
haul road vehicle activities occurring on the project site throughout the construction
phase. These shall include:
• Limit on -site vehicle speeds to 15 miles per hours with radar enforcement;
• Install pipe -grid trackout- control device to reduce mud /dirt trackout from
unpaved truck exit routes;
• Replace ground cover in disturbed areas as quickly as possible; and
• Apply chemical dust suppressant annually to unpaved parking areas.
CON -50) PM10 Reduction Measures for Demolition Activity. Particulate
matter reduction measures from the SCAQMD shall be applied to all demolition
activities occurring on the project site throughout the construction phase. These
shall include:
• Apply water every 4 hours to the area within 100 feet of a structure being
demolished, to reduce vehicle trackout;
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• Apply water to disturbed soils after demolition is completed or at the end of
each day of cleanup;
• Prohibit demolition activities when wind speeds exceed 25 miles per hour;
and
• Apply dust suppressants (e.g. polymer emulsion) to disturbed areas upon
completion of demolition.
CON -5(k) Mud /dirt Trackout onto Local Streets. Implement a street sweeping
program with Rule 1186 compliant PM10 efficient vacuum units (14 -day
frequency).
(b) The final EIR determined that without mitigation the proposed project could
result in significant adverse impacts to historic resources. Consistent with Article VI,
Section 12 of the City CEQA Guidelines and Section 15091 and 15092 of the State of
California CEQA Guidelines and as detailed in Chapter 4.4 of the Final EIR, the City
Council finds that the following mitigation measures have been required for the project
that will avoid or reduce most of the project's impacts on historic resources to below levels
of significance:
HR -1 Building Materials. In accordance with the Secretary of the Interior's
Standards, the material and finish of the exterior walls of the new construction (not
including new construction at the 1218 Lincoln Boulevard property) shall be
compatible with, but should also be differentiated from the existing Landmark
Santa Monica Professional Building. The design review body shall pay particular
attention to the Landmark building's character - defining features including the "Y-
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shaped plan" and richly embellished ornamentation in relief, particularly
surrounding the main entrance, 6th floor elevations, and penthouse wings.
HR -2(a) Secretary of the Interior Standards. The rehabilitation of the Santa
Monica Professional Building shall be undertaken with the assistance of a historic
preservation architect meeting the Secretary of the Interior's Standards and
Guidelines for Archeology and Historic Preservation, Professional Qualifications
Standards. The historic preservation architect will regularly review the ongoing
rehabilitation to ensure it continues to satisfy the conditions of the Certificate of
Appropriateness. The historic preservation architect will submit status reports to
the City of Santa Monica's Landmarks Commission Liaison according to a
schedule agreed upon prior to commencement of the rehabilitation.
HR -2(b) Secretary of the Interior Standards. As described in Section 9.36.140
of the Santa Monica Municipal Code, the Landmarks Commission shall use the
Secretary of Interior's Standards in evaluating the proposed rehabilitation of the
Santa Monica Professional Building. In order to issue a Certificate of
Appropriateness, the Landmarks Commission, or the City Council on appeal, will
determine whether the rehabilitation satisfies the criteria for issuance of a
Certificate of Appropriateness pursuant to the Santa Monica Municipal Code
Section 9.36.140.
In particular, any proposed repair of the building's windows, which define the
building's upper stories, should be done in accordance with the Secretary of the
Interior's Standards for Rehabilitation with particular attention given to the pattern,
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sash type, and dimensions of the historic building's existing windows.
HR -3(a) Protection of Building during Excavation and Construction. A
registered structural engineer, with a minimum of five years of experience in the
rehabilitation and restoration of historic buildings, shall investigate the existing
relationship of the foundation of the Santa Monica Professional Building along the
east elevation to the foundation of the existing building at 718 Wilshire Boulevard.
Any required test excavations shall be performed only in the presence of the
structural engineer. The structural engineer shall prepare a report of findings,
recommendations and any related design modifications necessary to retain the
structural integrity of the Santa Monica Professional Building.
The structural engineer (in consultation with a historic preservation architect,
meeting the Secretary of the Interior's Standards and Guidelines for Archeology
and Historic Preservation, Professional Qualifications Standards) shall prepare
designs and specifications for protective barriers required to protect the east wall
of the Santa Monica Professional Building from potential damage caused by
construction activities. In addition, the structural engineer (with geotechnical
consultation as necessary) shall determine whether, due to the nature of the
excavations, soils, method of soil removal and the existing foundations of the
historic buildings, the potential for settlement would require underpinning and /or
shoring. If underpinning and /or shoring is determined to be necessary, appropriate
designs shall be prepared. All documents prepared in accordance with this
Measure shall be reviewed and approved by the City of Santa Monica's Historic
Preservation Officer, after consultation with appropriate City staff.
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HR -3(b) Demolition Monitoring. Prior to demolition of the existing building at 718
Wilshire Boulevard, a historic preservation architect and a structural engineer shall
undertake an existing condition study of the Santa Monica Professional Building to
establish the baseline condition of the building prior to construction, including the
location and extent of any visible cracks or spalls. The documentation shall take
the form of written descriptions and photographs, and shall include those physical
characteristics of the resource that conveys its historic significance and that justify
its inclusion on the local register. The documentation shall be reviewed and
approved by the City of Santa Monica's Historic Preservation Officer, after
consultation with appropriate City staff ( "monitoring team ").
The historical architect and structural engineer shall monitor the Santa Monica
Professional Building during construction and report any changes to existing
conditions, including, but not limited to, expansion of existing cracks, new spalls, or
other exterior deterioration. Monitoring reports shall be submitted to the city's
historic preservation officer on a periodic basis. The structural engineer shall
consult with the historic preservation architect, especially if any problems with
character - defining features of a historic resource are discovered. If in the opinion
of the structural engineer, in consultation with the historic preservation architect,
substantial adverse impacts to historic resources related to construction activities
are found during construction, the monitoring team shall so inform the project
sponsor or sponsor's designated representative responsible for construction
activities.
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The project sponsor shall adhere to the monitoring team's recommendations for
corrective measures, including halting construction in situations where
construction activities would imminently endanger historic resources. The historic
preservation officer shall establish the frequency of monitoring and reporting. The
project sponsor shall respond to any claims of damage by inspecting the affected
property promptly, but in no case more than five working days after the claim was
filed and received by the project sponsor's designated representative. Any new
cracks or other changes in the Santa Monica Professional Building shall be
compared to pre- construction conditions and a determination made as to whether
the proposed project could have caused such damage. In the event that the
proposed project is demonstrated to have caused any damage, such damage shall
be repaired to the pre- existing condition.
Site visit reports and documents associated with claims processing shall be
provided to the City of Santa Monica's Historic Preservation Officer.
HR -3(c) Vibration Specifications. The qualified structural engineer shall perform
the following vibration mitigation:
• Prior to commencement of construction activities, measure and document
the existing ground vibration environment at the vicinity of the historic
buildings to establish baseline vibration conditions. The vibration
measurements shall be performed during hours of the day consistent with
the project's construction hours. At each site, ground vibration levels shall
be measured in the vertical direction for a period of a minimum of 15
minutes. The vibration measurement equipment shall be capable to record
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the velocity levels in PPV (Peak Particle Velocity) and RMS (Root -Mean-
Square) values in the unit of inch/ second, over the frequency range of 1 Hz
to 100 Hz. Measured vibration data shall be submitted to the City and shall
include; description of measurement location, measurement time and
recorded values (maximum, minimum and mean levels during the
measurement period)
• After establishing the baseline vibration conditions of the project site,
develop and implement a vibration monitoring program capable of
documenting the construction related ground vibration levels in the vicinity
of the historic buildings. The vibration monitoring system shall be able to
measure and store the PPV and RMS values over the band frequency
ranges of 1 Hz to 100 Hz. The FTA identifies a threshold of 95 VdB for
extremely fragile historic buildings. In order to ensure that construction
activities remain below this threshold, the project vibration criteria shall be
0.12 inch /second (PPV) (equivalent to 90 VdB). The vibration monitoring
system shall indicate any instances where the ground vibration levels
exceed the project vibration criteria. The vibration monitoring program shall
be implemented during the site grading, excavation, and construction of the
foundations only.
• If measurements indicate ground -borne vibration levels approach 0.12
inch /section PPV, the construction procedure /method shall be revised,
including the type of equipment used, to maintain the ground -borne
vibration requirements (not to exceed 0.12 inch /second PPV) at the historic
buildings. The structural engineer will prepare weekly reports for the City to
document the vibration monitoring program. Upon completion of
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construction, the structural engineer shall prepare a report for the City
summarizing the results of the vibration monitoring program.
• In addition to vibration monitoring by the structural engineer, the
architectural historian shall perform visual inspections of the historic
buildings (exterior /interior structure, walls /ceilings, etc.) during site grading,
excavation, and construction of the foundations, and note any new
damages in a monitoring log. Similar to the structural engineer, the
architectural historian shall prepare weekly reports for the City to document
the vibration monitoring program. Upon completion of construction, the
architectural historian shall prepare a report for the City summarizing the
results of the vibration monitoring program.
HR -3(d) Historic Resource Training Program. Prior to demolition of the
existing building at 718 Wilshire Boulevard, the historic preservation architect shall
establish a training program for construction workers involved in the project that
emphasizes protection of historic resources. This program shall include
information on recognizing historic fabric and materials, and directions on how to
exercise care when working around and operating equipment near the Santa
Monica Professional Building, including storage of materials away from the historic
building. It shall also include information on means to reduce vibrations from
demolition and construction, and monitoring and reporting any potential problems
that could affect the historic resource. A provision for establishing this training
program shall be incorporated into the contract, and the contract provisions shall
be reviewed and approved by the City of Santa Monica's Historic Preservation
Officer.
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HR -3(e) California Historical Building Code. If and to the extent such an
election is.made by the Applicant, design development plans shall be reviewed
using the California Historical Building Code (CHBC, Part 8 of Title 24) provisions
for compliance to the extent authorized
(c) The final EIR determined that without mitigation the proposed project could
result in significant adverse impacts to geology /soils. Consistent with Article VI, Section
12 of the City CEQA Guidelines and Section 15091 and 15092 of the State of California
CEQA Guidelines and as detailed in Chapter 4.5 of the Final EIR, the City Council finds
that the following mitigation measures have been required for the project that will avoid or
reduce most of the project's geology impacts to below levels of significance:
GEO -1(a) Tieback Anchors. The lateral load on shoring piles shall be resisted
by tieback anchors which are connected to the shoring beams, and shall be
installed at 10 and 20 feet below grade. The tiebacks shall be 10 degrees to 20
degrees from the horizontal, with an effective anchorage behind an imaginary 60
degree plane from the horizontal, projected upwards from the bottom of the piles.
The tiebacks at the 10 foot level shall be designed to bear a maximum of 500 .
pounds per square foot, while the tiebacks at the 20 foot level shall be designed to
bear a maximum of 750 pounds per square foot.
A detailed test loading program for tiebacks shall be established. Survey
monitoring stations shall be established beyond the excavation area. Lateral
deflection readings shall be taken on all soldier beams with each five to six feet of
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vertical excavation. Monitoring of the soldier beams shall be maintained at least
weekly after the final depth has been achieved. These records shall be provided
to the design engineer, the geotechnical consultant and the City's Building and
Safety Division as they are completed.
In the event that the use of tieback anchors is infeasible because an adjoining
property owner will not consent to installation of tieback anchors beneath the
surface of their property, other equivalent shoring options, such as a raker system,
may be used, subject to review and approval as part of the City's plan check
process.
GEO -1(b) Retaining Wall Drainage. A proper drainage system utilizing either
weep holes or a drainage pipe shall be installed to prevent hydrostatic pressure
behind the retaining wall. If a drainage pipe is used, it shall consist of a four -inch
perforated pipe (holes down), surrounded by at least 12 inches of % -inch gravel
enveloped in a drainage fabric such as Mirafi 140N or equivalent, placed at the
base of the footing wall. If weep holes are used, these openings shall be four feet
on center, and also situated at the base of the footing wall with a gravel and
drainage fabric backdrain.
GEO -1(c) Temporary Excavation Slopes. Temporary excavation slopes in the
existing surface soil may be made vertical for cuts of less than five feet. For
deeper cuts, temporary excavation slopes shall be made no steeper than 1:1
(horizontal to vertical). In areas where soils with little or no binder are
encountered, shoring or flatter excavation slopes shall be made.
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GEO -1(d) Shoring. If temporary support of a vertical cut slope is needed for
excavation of the subterranean parking garage (including the use of permanent
foundations), such temporary support structures shall conform with the
recommended lateral earth pressure for different shoring designs are illustrated on
Plate F of the Geotechnical Engineering Investigation Report (Coastline
Geotechnical Consultants, Inc, August 2010).
GEO -1(e) Inspection. The project's geotechnical engineer shall inspect all
shoring piles, inspect all tieback anchor installations, observe all tieback testing,
inspect all foundation excavations for the structure or retaining walls, and inspect
all grading operations.
GEO -1(f) Dewatering Requirements. If temporary and /or permanent dewatering
on the project site is required, the Applicant shall obtain a dewatering permit from
the City of Santa Monica Water Resources Protection Program prior to the
issuance of a grading permit. Soil and groundwater testing to a minimum depth of
50 feet shall be conducted to the satisfaction of the Water Resources Protection
Program staff. If contaminated groundwater is discovered on -site, treatment and
discharge of the contaminated groundwater shall be conducted in compliance with
applicable regulatory requirements including the Los Angeles Regional Water
Quality Control Board standards.
GEO -2(a) Slabs -on- Grade. Slabs -on grade shall be a minimum of five inches
thick and reinforced with No. 4 bars, 16 inches on- center each way. The subgrade
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soils shall be moistened to a depth of 18 inches prior to placing of the membrane
and pouring of floor slabs. The moisture content shall be at least 3% greater than
the optimum moisture content. A moisture barrier beneath the slabs -on- grade,
preferably consisting of at least four inches of sand, with a waterproof vapor
barrier, such as a plastic membrane of at least 15 mils in thickness, covered with
two inches of clean sand, shall be utilized in areas where soil moisture would be
detrimental.
GEO -2(b) Inspection. The project's geotechnical engineer shall inspect the
premoistening of subgrade soils and placement of the sand cushion and vapor
barrier beneath the slab.
(d) The final EIR determined that without mitigation the proposed project could
result in significant adverse impacts related to hazards /hazardous materials. Consistent
with Article VI, Section 12 of the City CEQA Guidelines and Section 15091 and 15092 of
the State of California CEQA Guidelines and as detailed in Chapter 4.7 of the Final EIR,
the City Council finds that the following mitigation measures have been required for the
project that will avoid or reduce most of the project's impacts related to
hazards /hazardous materials to below levels of significance:
HAZ -1(a) Soil -Vapor Testing. A sub - surface soil -vapor test for traces of tri-
chloroethane (TCE), tetra - chloroethane (PCE) and volatile organic compounds
shall be completed at least seven locations throughout the southern and /or
western portions of the site. If contaminants are detected, the results of the soil
sampling shall be forwarded to the City of Santa Monica and to the local regulatory
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agency (Fire Department, Los Angeles Regional Water Quality Control Board, or
the State of California Environmental Protection Agency Department of Toxic
Substances Control). The agency shall review the data and either sign off on the
property or determine if any additional investigation or remedial activities are
deemed necessary.
If concentrations of contaminants in soil or soil gas warrant site remediation,
remediation shall occur prior to construction of structures. The contaminated
materials shall be remediated under the supervision of an environmental
consultant licensed 'to oversee such remediation. The remediation program shall
also be approved by the appropriate regulatory oversight agency, with a copy
provided to the City of Santa Monica. All proper waste handling and disposal
procedures shall be followed. Upon completion of the remediation, the
environmental consultant shall prepare a report summarizing the project, the
remediation approach implemented, and the analytical results after completion of
the remediation, including all waste disposal or treatment manifests.
HAZA(b) Excavation and Demolition Contingency Plans. All excavation and
demolition projects conducted within the project site shall have a contingency plan
to be implemented in the event that contaminants or structural features that could
be associated with contaminants or hazardous materials are suspected or
discovered. The contingency plan shall require the presence of an environmental
consultant to monitor the site during removal of slab /pavement and substructures
to observe for evidence of contamination. The contingency plan shall stipulate that
if contaminants are found or suspected, work around the area shall temporarily
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cease and appropriate measures shall be undertaken. The appropriate measures
shall identify personnel to be notified, emergency contacts, and a sampling
protocol to be implemented. The excavation and demolition contractors shall be
made aware of the possibility of encountering unknown hazardous materials, and
shall be provided with appropriate contact and notification information. The
contingency plan shall include a provision stating at what point it is safe to continue
with the excavation or demolition, and identify the person authorized to make that
determination.
HAZA(c) Soil Sampling. If contaminants are detected, the results of the soil
sampling shall be forwarded to the local regulatory agency (City of Santa Monica
Fire Department CUPA, Los Angeles Regional Water Quality Control Board, or the
State of California Environmental Protection Agency Department of Toxic
Substances Control). The agency shall review the data and either sign off on the
property or determine if any additional investigation or remedial activities are
deemed necessary.
HAZ -1(d) Soil Remediation. If concentrations of contaminants warrant site
remediation, contaminated materials shall be remediated either prior to
construction of structures or concurrent with construction. The contaminated
materials shall be remediated under the supervision of an environmental
consultant licensed to oversee such remediation. The remediation program shall
also be approved by a regulatory oversight agency, such as the City of Santa
Monica Fire Department CUPA, Los Angeles Regional Water Quality Control
Board, or the State of California Environmental Protection Agency Department of
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Toxic Substances Control. All proper waste handling and disposal procedures
shall be followed. Upon completion of the remediation; the environmental
consultant shall prepare a report summarizing the project, the remediation
approach implemented, and the analytical results after completion of the
remediation, including all waste disposal or treatment manifests.
SECTION 4. Consistent with Article IV, Section 12 of the City of Santa Monica
CEQA Guidelines and Section 15091, 15092, and 15093 of the State of California CEQA
Guidelines, the Planning Commission finds that significant adverse environmental effects
in the areas of construction vibration and traffic /transportation cannot feasibly be avoided
or mitigated to below a level of significance. Nevertheless, these impacts are found to be
acceptable due to overriding considerations as discussed in Section 6.
(a) The Final EIR determined that the proposed project would result in
significant adverse impacts to construction vibration. Consistent with Article VI, Section
12 of the City of Santa Monica CEQA Guidelines, and as detailed in Chapter 4.3 of the
Final EIR,. the City Council finds that the proposed project would result in construction -
related vibration impacts that would exceed the human annoyance threshold at the
nearest residential uses (multi - family building located to the east across 7th Court). The
only means to reduce construction vibration is to limit the distance between the source
and the receiver. Since construction activity must occur on the project site and there is no
alternative mechanism or equipment to undertake this construction activity, no feasible
mitigation measures are available. As a result, this short -term impact would be
considered significant and unavoidable.
(b) The Final EIR determined that the proposed project would result in
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significant adverse impacts from traffic (intersection delay). Consistent with Article VI,
Section 12 of the City of Santa Monica CEQA Guidelines, and as detailed in Final EIR in
Section 4.3, the City Council finds that the proposed project would result in traffic - related
impacts that would exceed significance thresholds at two intersections under Approval
Year (2011) Plus Project conditions and at three intersections under Cumulative (2020)
Plus Project conditions. Specifically, the Final EIR found that the proposed project would
result in significant and unavoidable operation impacts at the following intersections under
Approval Year conditions:
• Lincoln Boulevard & 1 -10 Westbound Off -Ramp (Weekday AM and
Weekend Midday)
Lincoln Boulevard & 1 -10 Eastbound On -Ramp (Weekend Midday)
As discussed in Section 4.11 of the EIR, pp. 4.11 -25, 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 4.11 of the EIR, pp.
4.11 -26, mitigation measures (widening southbound Lincoln Boulevard) are
considered infeasible due to secondary impacts including loss of a pedestrian
sidewalk and also because the intersections are controlled by Caltrans. The City is
currently in discussions with Caltrans to obtain conceptual approval to make "minor
capacity enhancements' at the freeway ramps and has applied for a Metro Call for
Projects grant to fund intersection improvements that should include Developer
contributions as local match. If conceptual approval can be obtained and funding
secured, these improvements shall be undertaken and could be in place by 2018.
However, because funding is not yet committed, impacts at both intersections
remain significant and unavoidable.
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In addition, the Final EIR found that the proposed project would result in significant
and unavoidable operation impacts at the following intersections under the
Cumulative (2020) Plus Project conditions:
• Lincoln Boulevard and Santa Monica Boulevard (Weekend midday)
• Lincoln Boulevard & 1 -10 Westbound Off -Ramp (Weekday AM and
Weekend Midday)
• Lincoln Boulevard & 1 -10 Eastbound On -Ramp (Weekend Midday)
Mitigation measures for Lincoln Boulevard and 1 -10 Westbound Off -Ramp and 1 -10
Eastbound On -Ramp, discussed above in the approval year plus project analysis,
were determined to be infeasible for the same reasons. Mitigation measures for
the Lincoln Boulevard and Santa Monica Boulevard intersection included widening
northbound and southbound approaches. However, as discussed Section 4.11 of
the EIR, pp. 4.11 -43, this mitigation measure was found to be infeasible due to the
significant amount of right -of -way acquisition that would be necessary, resulting in
the potential loss of pedestrian sidewalks and bus stop areas in a high pedestrian
traffic area. Therefore, impacts at all three intersections remain significant and
unavoidable.
SECTION 5. The Final EIR found that the No Project Alternative would be
environmentally superior to the proposed project on the basis of the minimization or
avoidance of physical environmental impacts. However, the No Project Alternative is
considered infeasible since it would not meet the basic project objectives which include
enhancing the City's Downtown core through the establishment of a moderately priced
hotel for business travelers and tourists, and revitalizing underutilized parcels (such as
vacant parking lots). None of the benefits of the project would be obtained if the No
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Project Alternative were adopted. However, the CEQA Guidelines require that if the
environmentally superior alternative is the No Project alternative, that the EIR 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 Final
EIR Section 6.0, the City Council finds that, based on the other project alternatives, the
Reduced Project Alternative would reduce the significant and unavoidable traffic impacts
on intersections. Specifically, under this Alternative, traffic impacts would be less than
significant at all intersections with the exception of Lincoln Boulevard and 1 -10 Eastbound
On -Ramp, This Alternative meets the majority of the project objectives. However,
pursuant to a financial feasibility analysis prepared by the applicant's consultant, PKF
Consulting, on March 2011 and peer reviewed by the City's consultant, HR &A on
September 2011, incorporated herein by reference, and based on the analysis and
conclusions in those reports, the City Council finds that the Reduced Project Alternative
would be economically infeasible. Finally, the Mixed -Use Residential /Commercial
alternative would not eliminate the, significant and unavoidable traffic impacts at two of the
three intersections significantly impacted under the proposed project and would not meet
the project objective to "[r]ehabilitate and convert the locally- designated landmark
commercial building at 710 Wilshire Boulevard to a publicly - accessible, moderate - priced
hotel in the Downtown ..." or implement "adaptive re -use of the Landmark building."
Consequently, this alternative is also infeasible.
SECTION 6. The preceding Findings, although based primarily on conclusions in
the Final EIR, have not attempted to describe the full analysis of each environmental
impact contained in the Final EIR. Instead, the Findings incorporate by reference the
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discussions and analyses in the Final EIR and supporting reference documents
supporting the Final EIR's determinations regarding the nature and severity of the
impacts of the LUCE and mitigation measures designed to address those impacts. In
making these findings, the City Council ratifies, adopts, and incorporates into these
findings the analysis and explanation in the Final EIR and ratifies, adopts, and
incorporates in these findings the determinations and conclusions of the Final EIR.
SECTION 7. The Final EIR found that the project would result in significant
unavoidable adverse impacts in the areas of construction vibration and
traffic /transportation. Consistent with Article VI, Section 13 of the City CEQA Guidelines
and Section 15093 of the State of California CEQA Guidelines, the City Council hereby
makes a Statement of Overriding Considerations and finds that the benefits of the project,
more fully detailed in the
March
20, 2012 City Council staff
report,
outweigh its
unavoidable environmental
impacts
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.
The applicant will provide the following project and community benefits required by Article
2.7 of the Development Agreement or as stated in the economic analysis and fiscal
impact analysis for the project prepared by HR&A on September 2011, which is
incorporated herein by reference:
• Annual net average revenues to the City's General Fund of approximately
$2.4M
• Annual average revenues to the Santa Monica Malibu Unified School District
of approximately $95,000
• Annual average revenues to Santa Monica College of approximately $8,000
• Creation of an estimated 267 on -site jobs
• Historic Preservation and adaptive re -use of the Landmark Santa Monica
Professional Building
• Local hiring program for construction and permanent employment
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• Paid internships students of Santa Monica High or Santa Monica College
• Transportation infrastructure fee in amount of $244,000
• Transportation Demand Management measures such as:
• AVR of 1.75 after P year from Certificate of Occupancy
• Transit pass subsidy: Free for first 3 months of employment and 50%
subsidy thereafter
• Financial incentives to use transit
• Unbundled parking for commercial tenants
• Secure long -term bicycle parking for employees and hotel guests (64
spaces)
• "Bicycle check" services for hotel guests
• 20 bicycles for shared use by hotel guests
• Reserved bicycle sharing area
• Rental car availability for hotel guests
• Reserved car share spaces
• Discounted rates for hotel meeting rooms for Santa Monica -based
organizations
• Ground floor "public use" open space
• Commitment to achieve LEED Silver certificate or equivalent
• Photovoltaic panels on the roof deck
• "EV ready' parking spaces
• Shared parking for surrounding residents and businesses
SECTION 8. Consistent with Public Resources Code Section 21081.6, the City
Council adopts the Mitigation Monitoring and Reporting Program, which is included as
Section 10 of the Final EIR, to mitigate or avoid significant effects of the project on the
environment, as detailed in Sections 3 and 4 of this resolution, and to ensure compliance
during project implementation.
SECTION 9. 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, 1685 Main
Street; Room 212, Santa Monica, California. The custodian of these documents is Jing
Yeo, Special Projects Manager.
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SECTION 10. 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:
MA A ryE
S MO IE
City I
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Adopted and approved this 20th day of March, 2012.
�Ly�-
Ric a d Bloom, Mayor
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Resolution No. 10664 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 20th day of March, 2012, by the following vote:
AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day, McKeown,
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: None
ATTEST:
Maria M. Stewart, Ci Clerk