r-10741RESOLUTION NO. 10741
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA MAKING FINDINGS
NECESSARY TO APPROVE THE VILLAGE TRAILER PARK PROJECT,
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION,
AND MITIGATION MONITORING PLAN
WHEREAS, a Draft Environmental Impact Report was prepared in September 2011
and a Final Environmental Impact Report (Final EIR) was prepared in April 2012 which
analyzes the environmental effects of the Village Trailer Park Project; and
WHEREAS, subsequent to publication of the Final EIR, the applicant revised the
Village Trailer Park Project that would result in a reduction of new development and the
retention of 10 mobile home spaces; and
WHEREAS, pursuant to CEQA Guidelines Section 15088.5, portions of the
Environmental Impact Report were recirculated (Recirculated EIR) in August 2012 to
provide significant new information with regard to the revised Village Trailer Park Project;
and
WHEREAS, a Revised Environmental Impact Report (Revised Final EIR) was
prepared in November 2012 which consists of the original Draft EIR, Final EIR,
Recirculated EIR, and responses to comments received on the Recirculated EIR
WHEREAS, the Santa Monica City Council, as Lead City Agency, reviewed the
Revised Final Environmental Impact Report in full compliance with State and City CEQA
Guidelines; and
WHEREAS, on November 13, 2012, the City Council certified that the Revised
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
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considered potentially significant and were not addressed further in the Revised Final
Environmental Impact Report: Agriculture and Forest Resources and Mineral Resources.
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
detailed in the Final EIR, the City Council finds that impacts would be less than significant
without mitigation for air quality (operational), cultural resources, greenhouse gas
emissions, land use, noise (operational), population /housing, public services and
recreation, and utilities and service systems.
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 to less than significant.
(a) The Revised Final EIR determined that without mitigation the proposed
project could result in significant adverse impacts to biological resources. Consistent with
Article Vl, Section 12 of the City CEQA Guidelines and Section 15091 and 15092 of the
State of California CEQA Guidelines and as detailed in the Revised Final EIR, the City
Council finds that the following mitigation measure has been required for the project that
will avoid or reduce most of the project's impacts on biological resources to below levels of
significance:
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BR1 Prior to removal, trees on the project site will be inspected for bird nests by a
qualified biologist. Inspection of the trees shall occur prior to the typical
breeding /nesting season (March 1st through August 30th). If nesting is observed,
the biologist shall recommend a buffer area with a specified radius to be
established, within which no disturbance or intrusion shall be allowed until the
young had fledged and left the nest or it is determined by the monitoring biologist
that the nest has failed. If no nesting is observe, trees to be removed from within
the project site shall be netted to prevent birds from inhabiting the trees prior to
removal and construction.
(b) The Revised Final EIR determined that without mitigation the proposed
project could result in significant adverse impacts as a result of 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 the Revised 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:
CON1 The construction contractor shall utilize super - compliant architectural
coatings as defined by the SCAQMD (VOC standard of less than ten grams per
liter).
CON2 Water or a stabilizing agent shall be applied to exposed surfaces at least two
times per day to prevent generation of dust plumes.
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CON3 The construction contractor shall utilize at least one of the following
measures at each vehicle egress from the project site to a paved public road:
® Install a pad consisting of washed gravel maintained in clean condition to a
depth of at least six inches and extending at least 30 feet wide and at least
50 feet long;
® Pave the surface extending at least 100 feet and at least 20 feet wide;
• Utilize a wheel shaker /wheel spreading device consisting of raised dividers
at least 24 feet long and 10 feet wide to remove bulk material from tires and
vehicle undercarriages; or
• Install a wheel washing system to remove bulk material from tires and
vehicle undercarriages.
CON4 All haul trucks hauling soil, sand, and other loose materials shall be covered
(e.g., with tarps or other enclosures that would reduce fugitive dust emissions).
CONS Construction activity on unpaved surfaces shall be suspended when wind
speed exceed 25 miles per hour (such as instantaneous gusts).
CONS Ground cover in disturbed areas shall be replaced as quickly as possible.
Otherwise, non -toxic chemical soil stabilizers shall be applied according to
manufacturer specifications, to all inactive portions of the construction site
(previously graded areas inactive for four days or more).
CON7 Heavy -duty equipment operations shall be suspended during first and
second stage smog alerts.
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CON8 All construction equipment shall be equipped with mufflers and other suitable
noise attenuation devices.
CONS Grading and construction contractors shall use quieter equipment as
opposed to noisier equipment (such as rubber -tired equipment rather than metal-
tracked equipment).
CON10 The construction contractor shall use on -site electrical sources to power
equipment rather than diesel generators when electricity is readily available.
CON 11 Construction haul truck and materials delivery traffic shall avoided
residential areas whenever feasible
CON 12 Construction noise levels shall not exceed the City of Santa Monica's
noise standards except for between the hours of 10:00 a.m. and 3:00 p.m., Monday
through Friday, in accordance with Section 4.12.110(d) of the Santa Monica
Municipal Code
CON 13 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
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CON 14 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 greatest extent practicable;
• Ensure safety for both those constructing the project and the surrounding
community; and
• Prevent substantial truck traffic through residential neighborhoods.
The Construction Impact Mitigation Plan shall be subject to review and approval by
the following City departments: Environmental and Public Works Management
(EPWM); 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 commencement of any construction staging for the
project. 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 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 to address
these disruptions. Such plans must be reviewed and approved by the
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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., 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
Permit.
• Streets and equipment shall be cleaned in accordance with established
EPWM 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 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.
Protect Coordination Elements That Shall Be Implemented Prior to Commencement
of Construction
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• 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).
• Approval from the City through issuance of 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-
Iu - I
• Timely notification of construction schedules to all affected agencies (e.g.,
Big Blue Bus, Police Department, Fire Department, Environmental and
Public Works Management Department, and Planning and Community
Development Department) and to all owners and residential and commercial
tenants of property within a radius of 500 feet.
• Coordination of construction work with affected agencies in advance of start
of work. Approvals may take up to two weeks per each submittal.
• Approval by the Transportation Management Division of any haul routes
involving earth, concrete or construction materials, and equipment hauling
(c) The Revised 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 the Revised 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:
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GS1 At the time of final building plan check, a site - specific Geotechnical Report
shall be submitted to the City of Santa Monica Building and Safety Division for
review and approval. The Geotechnical Report shall be prepared in accordance
with the City's Guidelines for Geotechnical Reports and at a minimum shall
address: seismic hazards (fault management zone; groundshaking; liquefaction;
subsidence, etc); hydrocollapse potential; and expansive soils. Information
obtained from the Geotechnical Report shall be incorporated into the design and
construction of the proposed project. The recommendations provided in the
Geotechnical Report as well as Santa Monica Building Code requirements
regarding foundation design, retaining wall design, excavations and shoring shall
be fully implemented.
GS2 Construction and excavation activities shall adhere to the Best Management
Practices (BMPs) set forth by the City of Santa Monica Urban Runoff Pollution
Ordinance (Chapter 7.10 of the Santa Monica Municipal Code). Such BMPs
include using plastic coverings to prevent erosion of any unprotected area, such as
mounds of dirt or dumpsters, along with devices designed to intercept and safely
divert runoffs.
GS3 All grading activities shall be scheduled for completion before the start of the
rainy season (between November and April) to the extent feasible. If grading
events do occur during the raining season, a rain event action plan shall be
prepared and designed to protect all exposed portions of the site within 48 hours of
any likely precipitation event forecast of 50 percent or greater probability
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GS4 An erosion control plan that identifies BMPs shall be implemented to the
satisfaction of the City of Santa Monica Building and Safety Department to minimize
potential erosion during construction. The erosion control plan shall be a condition
prior to issuance of any grading permit.
GS5 Provisions shall be made for adequate surface drainage away from the areas
of excavation as well as protection of excavated areas from flooding. The grading
contractor shall control surface water runoff and the transport of silt and sediment.
(d) The Revised 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 the Revised 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:
HM1 Prior to issuance of a demolition permit, for the permanent structures on the
project site a Licensed Asbestos Inspector shall be retained to determine the
presence of asbestos and asbestos containing materials (ACM) within structures to
be demolished that are present on the project site. If asbestos is discovered, a
Licensed Asbestos Abatement Contractor shall be retained to safely remove all
asbestos from the development site.
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HM2 Prior to issuance of a demolition permit, lead -based paint testing shall be
conducted for existing structures and trailers to be demolished. All materials
identified as containing lead shall be removed by a licensed lead -based
paint/materials abatement contractor.
HM3 An operations and maintenance program shall be implemented in order to
safely manage the suspect ACMs and LBP located at the project site.
(e) The Revised Final EIR determined that without mitigation the proposed
project could result in significant adverse impacts related to hydrology /water quality.
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 the Revised 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
hydrology /water quality to below levels of significance:
HW1 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.
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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 City Council finds that significant adverse environmental effects in the
areas of shadows, construction impacts, 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 Revised Final EIR determined that the proposed project would result in
significant adverse impacts to. shadow impacts. Consistent with Article VI, Section
12 of the City of Santa Monica CEQA Guidelines, and as detailed in the
Recirculated EIR in Section 4.1, the City Council finds that the proposed project
would result in shadow impacts due to the proximity of the mobile homes that would
remain to the east of the proposed new development. The shadow impacts can
only be mitigated through a reduction in the height and design of the building.
However, the imposition of such reductions would, of necessary, result in a
reduction of usable floor space. Such reductions would not achieve project
objectives to the same extent as the project. As a result, this impact would be
considered significant and unavoidable.
(b) The Revised Final EIR determined that the proposed project would result in
significant adverse impacts to construction impacts. Consistent with Article VI,
Section 12 of the City of Santa Monica CEQA Guidelines, and as detailed in the
Revised Final EIR in Section 4.3, the City Council finds that the proposed project
would result in construction - related air quality and vibration impacts due to the
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proximity of residential uses to the north and east. Mitigation measures CON1
through CON14 would be implemented to reduce construction impacts to the
greatest extent feasible. However, localized construction emissions would exceed
SCAQMD significance thresholds for fugitive dust (PM2.5 and PM10) after
mitigation is applied. Therefore, construction of the proposed project would result in
a significant and unavoidable impact related to localized air emissions. In addition,
construction vibration levels at nearby receptors would exceed the human
annoyance threshold of 87 VdB. Based on the human annoyance threshold, the
proposed project would result in a significant impact related to construction
vibration. The primary 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, no feasible mitigation measures are available. As a result, this impact
would be considered significant and unavoidable.
(c) The Revised Final EIR determined that the proposed project would result in
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
Revised 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
14 intersections under Approval Year (2011) Plus Project conditions and at 13
intersections under Cumulative (2020) Plus Project conditions.
Under Approval Year (Year 2011) Plus Project, the following mitigation measures
shall be required to reduce impacts at impacted intersections:
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T1 23rd Street/Ocean Park Boulevard. Add an exclusive right -turn lane on the
eastbound approach of Ocean Park Boulevard. The mitigation measure was
proposed due to the heavy existing eastbound through movement volumes. The
proposed mitigation would require shifting the existing eastbound through lane
approach approximately two feet to the north to provide room for a functional right -
turn lane. The proposed mitigation would require implementation of peak period
parking restrictions for the first 75 feet of parking (approximately three parking
spaces) closest to the intersection (eastbound on Ocean Park Boulevard, west of
23rd Street) so vehicles can make eastbound right -turns onto 23rd Street from
Ocean Park Boulevard during the peak periods or when there is available space
outside of peak periods. The proposed mitigation measure would require some
restriping and peak period parking restriction signage at the eastbound approach of
this intersection.
T2 Cloverfield Boulevard /Santa Monica Boulevard. The left -turn phasing for the
westbound leg of the Cloverfield Boulevard /Santa Monica Boulevard intersection
shall be modified from a protected phase to a permitted - protected phase to
decrease delay at the worst approach of the intersection to address the AM peak
hour impact. The City shall monitor the operation of this intersection and adjust the
signal timing and phasing as appropriate. Implementation of this mitigation
measure would necessitate the provision of a combination of new signage,
controller cabinets, poles, mast arms, detectors, and /or signal heads. Furthermore,
this mitigation measure will provide the City greater flexibility in adjusting traffic
signal operations to address peak hour congestion issues.
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T3 Stewart Street/Olympic Boulevard. The traffic signal at the Stewart
Street/Olympic Boulevard intersection shall be modified to provide protected -
permitted left -turn phasing for northbound and eastbound approaches to decrease
delay at the worst approaches of the intersection to address the impact. The City
shall monitor the operation of this intersection and adjust the signal timing and
phasing as appropriate. Implementation of this mitigation measure would
necessitate the provision of a combination of new signage, controller cabinets,
poles, mast arms, detectors, and /or signal heads. Furthermore, this mitigation
measure will provide the City greater flexibility in adjusting traffic signal operations
to address peak hour congestion issues.
T4 Centinela Avenue /1 -10 Westbound Ramps. The traffic signal at the Centinela
Avenue /1 -10 Westbound Ramps intersection shall be modified to provide protected -
permitted left -turn phasing for northbound approach to decrease delay at the worst
approach of the intersection to address. The City shall monitor the operation of this
intersection and adjust the signal timing and phasing as appropriate. The
implementation of the permitted - protected left -turn phasing would necessitate the
provision of some combination of new signage, controller cabinets, poles, mast
arms, detectors, and /or signal heads. Furthermore, this mitigation measure will
provide the City greater flexibility in adjusting traffic signal operations to address
peak hour congestion issues. Since this intersection is shared by the City of Santa
Monica and City of Los Angeles, this mitigation measure must be approved by
LADOT. The applicant shall use its good faith reasonable efforts to obtain such
approval from the City of Los Angeles. If timely approved by the City of Los
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Angeles, such improvements shall be completed prior to issuance of a certificate of
occupancy for the project
Mitigation Measure T4 must be approved by LADOT and /or Caltrans and therefore,
the impact will be considered significant and unavoidable. After mitigation, under
Approval Year (Year 2011) Plus Project conditions, impacts to the following 11 of
intersections would be significant and unavoidable:
• 20th Street/Olympic Boulevard (AM)
• Yale Street/Broadway (PM)
• Stewart Street/Colorado Avenue (AM)
• Stanford Street/Colorado Avenue (PM)
• Centinela Avenue /Broadway /Ohio Avenue (PM)
• Centinela Avenue /Colorado Avenue /Idaho Avenue (PM)
• Centinela Avenue (west) /Olympic Boulevard (PM)
• Centinela Avenue /1 -10 Westbound Ramps (AM and PM)
• Bundy Drive /Olympic Boulevard (PM)
• Bundy Drive /Pico Boulevard (PM)
• Bundy Drive /1 -10 Eastbound On -Ramp (AM and PM)
Under Cumulative Year (Year 2020) Plus Project, the following mitigation
measures would be required to reduce impacts at impacted intersections. Mitigation
Measures T1, T3, and T4, above, are also required to mitigate impacts under the
Cumulative Year (Year 2020) Plus Project scenario. In addition, the following additional
mitigation measures are proposed for the Cumulative Plus Project scenario:
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T5 26th Street & Wilshire Boulevard. Convert the protected permitted phasing for
the eastbound and westbound left turn movements to permitted phasing. The City
shall monitor the operation of this intersection and adjust the signal timing and
phasing as appropriate. This mitigation measure would require temporary signage
during a period of adjustment for motorists and the provision of some combination
of new signage, controller cabinets, poles, mast arms, detectors, and /or signal
heads. Furthermore, this mitigation measure will provide the City greater flexibility in
adjusting traffic signal operations to address peak hour congestion issues
T6 Barrington Avenue /Olympic Boulevard. Convert the eastbound left -turn phasing
from permitted to protected permitted. The City shall monitor the operation of this
intersection and adjust the signal timing and phasing as appropriate. The
implementation of the protected - permitted left -turn phasing would necessitate the
provision of some combination of new signage, controller cabinets, poles, mast
arms, detectors and /or signal heads. Furthermore this mitigation measure will
provide the City greater flexibility in adjusting traffic signal operations to address
peak hour congestion issues. The applicant shall use its good faith reasonable
efforts to obtain such approval from the City of Los Angeles. 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.
Mitigation Measures T1, T3, T4, T5, and T6 would mitigate the impacts at five
intersections to less- than - significant levels, based on the City of Santa Monica significance
criteria. However, Mitigation Measures T4 and T6 would require the approval of LADOT as
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the intersections are shared or owned and controlled by the City of Los Angeles.
Therefore, the impacts at these two intersections will be considered significant and
unavoidable. After mitigation, impacts to the following ten intersections would be significant
and unavoidable:
• Yale Street/Broadway (PM)
• Centinela Avenue /Santa Monica Boulevard (PM)
• Centinela Avenue /Colorado Avenue /Idaho Avenue (PM)
• Centinela Avenue /Pennsylvania Avenue /Iowa Avenue (PM)
• Centinela Avenue (west)/ Olympic Boulevard (PM)
• Centinela Avenue /1 -10 Westbound Ramps (AM and PM)
• Bundy Drive and Olympic Boulevard (PM)
• Bundy Drive /Pico Boulevard (PM)
• Bundy Drive /1 -10 Eastbound On -Ramp (AM under City of Santa Monica
criteria and PM under City of Los Angeles criteria)
• Barrington Avenue /Olympic Boulevard (PM)
Additional mitigation measures to reduce significant impact related to intersections
were considered. However, as discussed in further detail in the Traffic Study (Appendix F
to the Revised Final EIR), these measures are rejected since they would require the taking
of public or private property for public right of way in order to implement the proposed
physical mitigations. These measures could negatively impact the built environment and
existing pedestrian or bicycle network, and therefore, were rejected.
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SECTION 5. The Revised 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 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 Chapter 5.0, the City Council finds that, based on the other project alternatives,
Alternative 3 (Increased Residential /Decreased Commercial Alternative) is the
environmentally superior alternative because it reduces trip generation slightly, and
provides additional housing stock to the City of Santa Monica. Subsequent to the
publication of the Final EIR, the applicant made revisions to the project that would result in
a reduction in the amount of new development and the retention of 10 mobile home
spaces to the east. In accordance with CEQA Guidelines Section 15088.5(a), portions of
the EIR were recirculated in September 2012. With the exception of shadows, the
Recirculated EIR found that the impacts of the revised project would be less or similar to
the original project's impacts. Shadow impacts on the mobile home spaces that would
remain to the east would be significant and unavoidable during the winter.
SECTION 6. The preceding Findings, although based primarily on conclusions in
the Revised Final EIR, have not attempted to describe the full analysis of each
environmental impact contained in the Revised Final EIR. Instead, the Findings
incorporate by reference the discussions and analyses in the Revised Final EIR and
supporting reference documents supporting the Revised Final EIR's determinations
regarding the nature and severity of the impacts of the LUCE and mitigation measures
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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 Revised
Final EIR and ratifies, adopts, and incorporates in these findings the determinations and
conclusions of the Revised Final EIR.
SECTION 7. The Revised Final EIR found that the project would result in
significant unavoidable adverse impacts in the areas of shadows, construction - related
localized emissions and 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 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
2.6 of the Development Agreement, which is incorporated herein by reference:
® Two new streets (Pennsylvania Avenue and New Road) that will be dedicated
to the City as surface easements with an estimated community benefit value
of approximately $2.3M
• Transportation Infrastructure Fee of $1,650,000
• Contribution of $179,000 to trust fund to be used for childcare subsidies for
low- income families (includes voluntary assignment of required childcare
linkage fee)
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• Contribution of $350,000 to trust fund to be used for services for seniors,
disabled persons, and families with minor children with priority given to
entities who are providing services to VTP residents
• Ground floor public open space
o Approximately 27,000 sf of general public open space including expanded
sidewalks for outdoor dining and gathering on Colorado Avenue, smaller
on -site plazas, pedestrian pathways, and green space at the intersection
of New Road and Pennsylvania Avenue
o Approximately 15,000 sf of residential public open space including
pedestrian pathways and courtyards
• Local hiring program for construction
• Local hiring program for permanent employment for commercial uses greater
than 1,500 sf
• Space for bicycle and car sharing
• Participation in future parking district
• Transportation Demand Management measures beyond that required by the
existing Municipal Code such as:
o Peak hour trip caps with reimbursement to City for annual monitoring
o Average vehicle ridership of 1.6 for commercial component after arrival of
Expo Light Rail
o One -time payment of $50,000 towards start -up costs of Bergamot
Transportation Management Association (TMA)
o Ongoing payment of annual dues into Bergamot TMA
o Transit pass subsidy
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o 377 secure bicycle parking spaces (e.g. storage locker or room) for
residential units and 5 secure bicycle parking space for employees
o 64 publicly accessible short -term bicycle parking on the ground floor
o On -site showers and lockers
• Workforce housing preference through a local preference marketing and
housing sales program for workers within 1 -mile of the project, specific
segments of the labor market such as nurses and teachers, and other Santa
Monica workers
• 41 units of Affordable Housing including 18 studios, 15 one - bedroom units, 7
two- bedroom units, and 1 three - bedroom unit, all deed - restricted for
households with very low incomes or less
• Required retention of 10 trailer pads on the Residual Parcel for a period up to
ten years
• Sustainability features including photovoltaic panels and 30 "EV- ready" parking
spaces
• Commitment to achieve, at minimum, LEED Silver Certification
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 11 of the Revised 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
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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.
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 HA JO MOUTRI
Cit orney
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Adopted and approved this 19th day of March, 2013.
TaNOU'Connor, Mayor
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Resolution No. 10741 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 19th day of March, 2013, by the following vote:
AYES: Councilmembers: Holbrook, Davis, Mayor Pro Tern O'Day
Mayor O'Connor
NOES: Councilmembers: McKeown, Vazquez, Winterer
ABSENT: Councilmembers: None
ATTEST:
` qudt
Sarah P. Gorman, City Clerk