R10782RESOLUTION NO. 10782
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA MAKING FINDINGS
NECESSARY TO APPROVE THE HAMPTON INN AND SUITES PROJECT,
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION,
AND MITIGATION MONITORING PLAN
WHEREAS, a Draft Environmental Impact Report was prepared in December 2012
and a Final Environmental Impact Report (Final EIR) was prepared in May 2013 which
analyzes the environmental effects of the Hampton Inn and Suites 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 November 12, 2013, 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 Forestry Resources, Biological Resources,
Hydrology/Water Quality; Mineral Resources; Population /Housing; Public Services;
Recreation, and Utilities /Service Systems.
SECTION 2. Consistent with Article VI, Section 12 of the City of Santa Monica
CE—QA 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 aesthetics, 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 to less than significant.
(a) The Final EIR determined that without mitigation the proposed project could
result in significant adverse impacts as a result of construction - related air quality 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 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 - related air quality impacts to below
levels of significance:
AQ -2a Air Quality Management Plan. An Air Quality Management Plan for project
construction shall be prepared and approved by the City. The Plan would address
air quality impacts and outline measures that would be used to reduce impacts.
Measures would include:
• Fugitive Dust Control. 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
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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.
• Staging Area. Construction contractors shall establish an on -site
construction equipment staging area and construction worker parking lot,
located on either paved surfaces or unpaved surfaces subjected to soil
stabilization treatments. Control access to public roadways by limiting curb
cuts/ driveways to minimize project construction impacts upon roadway
traffic operations.
Non- Vehicular Equipment Engines. Construction contractors shall properly
maintain non - vehicular equipment engines to minimize the volume of
exhaust emissions.
• Electricity. Construction contractors shall use electricity primarily from power
poles, rather than temporary diesel or gasoline powered generators.
Alternative Fuel Sources. To the extent feasible, construction contractors
shall use on -site mobile equipment powered by alternative fuel sources (i.e.,
methanol, natural gas, propane or butane). Expected use of non - alternative
fuels shall be described within the Air Quality Management Plan.
Inspection of Equipment. Construction contractors shall inspect construction
equipment prior to leaving the sites and wash off loose dirt with wheel
washers, as necessary.
• Ridesharing/ Shuttle. Construction contractors shall provide encourage
ridesharing or provide shuttle service for parking by construction workers in
satellite parking lots, as needed.
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• PMio Reduction Measures for Grading Activities. Particulate matter
reduction measures from the SCAQMD shall be applied to all grading
activities occurring on the project sites throughout the construction phase.
These shall include:
o Apply water every 3 hours to disturbed areas within the sites;
o Require minimum soil moisture of 12% for earthmoving by use
of a moveable sprinkler system or a water truck;
o Replace ground cover in disturbed areas as quickly as
possible. If disturbed graded areas remain inactive for greater than
four days, non -toxic soil stabilizers shallbe applied; and
o 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.
• PMIO 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 sites throughout the construction
phase. These shall include:
o Limit on -site vehicle;
o Install pipe -grid trackout - control device to reduce mud/ dirt
trackout from exit routes;
o Replace ground cover in disturbed areas as quickly as
possible - if disturbed graded areas remain inactive for greater than
four days, non -toxic soil stabilizers shall be applied; and
o Apply chemical dust suppressant annually to unpaved parking
areas.
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• PM10 Reduction Measures for Demolition Activity. Particulate matter
reduction measures from the SCAQMD shall be applied to all demolition
activities occurring on the project sites throughout the construction phase.
These shall include:
o Apply water every 4 hours to the area within 100 feet of a structure
being demolished, to reduce vehicle trackout;
o Apply water to disturbed soils after demolition is completed or at the
end of each day of cleanup;
o Prohibit demolition activities when wind speeds exceed 25 miles per
hour; and
o Apply dust suppressants (e.g. polymer emulsion) to disturbed areas
upon completion of demolition.
• Street Sweeping for 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 cultural 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 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 cultural resources impacts to below levels of significance:
MM CUL -2a If archaeological resources are encountered during implementation of
the proposed projects, ground- disturbing activities shall temporarily be redirected
from the vicinity of the find. The Applicant shall immediately notify a qualified
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archaeologist of the find and coordinate with the archaeologist as to the immediate
treatment of the find until a proper site visit and evaluation is made by the
archaeologist. The archaeologist shall be allowed to temporarily divert or redirect
grading or excavation activities in the vicinity in order to make an evaluation of the
find and determine appropriate treatment. Treatment may include implementation
of archaeological data recovery excavations to remove the resource from the
project area or preservation in place. The archaeologist shall prepare a final report
about the find and shall be submitted by the Applicant to the lead agency, the South
Central Coastal Information Center, and representatives of other appropriate or
concerned agencies to signify the satisfactory completion of the project and
required mitigation measures. The report shall include documentation and
interpretation of the resources recovered including evaluation of the find's eligibility
for listing in the California Register of Historic Places. The landowner, in
consultation with the archaeologist and the lead agency, shall designate
repositories in the event that archaeological material is recovered. The
archaeologist shall also determine the need for archaeological monitoring for any
ground- disturbing activities thereafter.
MM CUL -2b If human remains are encountered unexpectedly during
implementation of the proposed projects, State Health and Safety Code Section
7050.5 requires that no further disturbance shall occur until the County Coroner has
made the necessary findings as to origin and disposition pursuant to PRC Section
5097.98. If the remains are determined to be of Native American descent, the
coroner has 24 hours to notify the Native American Heritage Commission (NAHC).
The NAHC shall then identify the person(s) thought to be the Most Likely
Descendent (MILD). The MLD may, with the permission of the land owner, or his or
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her authorized representative, inspect the site of the discovery of the Native
American remains and may recommend to the owner or the person responsible for
the excavation work means for treating or disposing, with appropriate dignity, the
human remains and any associated grave goods. The MLD shall complete their
inspection and make their recommendation within 48 hours of being granted
access by the land owner to inspect the discovery. The recommendation may
include the scientific removal and nondestructive analysis of human remains and
items associated with Native American burials. Upon the discovery of the Native
American remains, the landowner shall ensure that the immediate vicinity,
according to generally accepted cultural or archaeological standards or practices,
where the Native American human remains are located, is not damaged or
disturbed by further development activity until the landowner has discussed and
conferred, as prescribed in this mitigation measure, with the MLD regarding their
recommendations, if applicable, taking into account the possibility of multiple
human remains. The landowner shall discuss and confer with the descendants all
reasonable options regarding the descendants' preferences for treatment.
Whenever the NAHC is unable to identify a MLD, or the MLD identified fails to
make a recommendation, or the landowner or his or her authorized representative
rejects the recommendation of the descendants and the mediation provided for in
Subdivision (k) of Section 5097.94, if invoked, fails to provide measures acceptable
to the landowner, the landowner or his or her authorized representative shall inter
the human remains and items associated with Native American human remains
with appropriate dignity on the property in a location not subject to further and future
subsurface disturbance.
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MM CUL -3a A qualified paleontologist shall attend a pre - grading /excavation
meeting and develop a paleontological monitoring program for excavations into
older Quaternary Alluvium deposits. A qualified paleontologist is defined as a
paleontologist meeting the criteria established by the Society for Vertebrate
Paleontology. The qualified paleontologist shall supervise a paleontological monitor
who shall be present at such times as required by the paleontologist during
construction excavations into native soils associated with older Quaternary Alluvium
deposits. Monitoring shall consist of visually inspecting fresh exposures of rock for
larger fossil remains and, where appropriate, collecting wet or dry screened
sediment samples of promising horizons for smaller fossil remains. The frequency
of monitoring inspections shall be determined by the paleontologist and shall be
based on the rate of excavation and grading activities, the materials being
excavated, and the depth of excavation, and if found, the abundance and type of
fossils encountered.
MM CUL -3b If a potential fossil is found, the paleontological monitor shall be
allowed to temporarily divert or redirect grading and excavation activities in the area
of the exposed fossil to facilitate evaluation and, if necessary, salvage. At the
Paleontologist's discretion and to reduce any construction delay, the grading and
excavation contractor shall assist in removing rock samples for initial processing.
Any fossils encountered and recovered shall be prepared to the point of
identification and catalogued before they are donated to their final repository. Any
fossils collected shall be donated to a public, non - profit institution with a research
interest in the materials, such as the Natural History Museum of Los Angeles
County. Accompanying notes, maps, and photographs shall also be filed at the
repository.
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MM CUL -3c The paleontologist shall prepare a report summarizing the results of
the monitoring and salvaging efforts, the methodology used in these efforts, as well
as a description of the fossils collected and their significance. The report shall be
submitted by the Applicant to the lead agency, the Natural History Museum of Los
Angeles County, and representatives of other appropriate or concerned agencies to
signify the satisfactory completion of the proposed projects and required mitigation
measures.
(c) The Final EIR determined that without mitigation the proposed project could
result in significant adverse impacts related 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 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 geology /soils to below levels of significance:
MM GEO -1 The foundation should be designed to distribute the building loads
uniformly onto the supporting subgrade. By designing a relatively stiff mat, the
settlement of the structure will be relatively uniform. The foundation should be
designed to be sufficiently rigid to prevent the introduction of excess stresses in the
superstructure above the foundation. Concrete slab -on -grade floors should be
underlain by a water vapor retarder. The water vapor retarder should consist of a
vapor retarder sheeting underlain by a minimum of 3 inches of compacted, clean,
gravel of 0.75 inch maximum size. The granular fill should consist of damp clean
sand with at least 10 to 30 percent of the sand passing the 100 sieve. The sand
should be free of clay, silt, or organic material. Concrete slabs should be reinforced
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with at least No. 3 reinforcing bars, places at 18 inches on center in each direction
within the slabs middle third.
MM GEO -2a The means and methods of installation, design and implementation of
the shoring system shall be the responsibility of a licensed shoring engineer and
general contractor who shall satisfy the requirements of City of Santa Monica
Building & Safety and Public Works officials as well as applicable codes and laws.
Whenever excavation is made adjacent to existing streets, utilities and structures,
there is the potential for movement. The existing structures should be inspected
and documented to preclude claims for damage or settlement that are not
associated with the construction of the planned development. A monitoring program
should be established so excessive movement is detected early. The monitoring
program should include optical surveying of the shoring and adjacent streets and
buildings to detect any horizontal or vertical movement.
(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 A Section 12 of the City CEQA Guidelines and Section 15091 and 15092 of
the State of California CEQA Guidelines and as detailed in 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:
MM HAZ -2a Prior to any the issuance of a demolition permit, the contractor shall
follow all applicable local, state and federal codes and regulations related to the
treatment, handling, and disposal of ACM and LBP.
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MM HAZ -2b Prior to the issuance of a demolition permit, additional subsurface
sampling of soil /bedrock and groundwater shall be conducted to assess potential
releases associated with the listed former land uses and the potential migration of
contaminants onto the project site. The analytical suite selected shall be consistent
with those uses, and shall include applicable analytical methods for appropriate
waste characterization and disposal. The sampling strategy shall take into account
the locations of potential source areas, and the anticipated lateral and vertical
distribution of contaminants in soil and /or groundwater. The results of the
investigation shall be documented in a report that is signed by a qualified
environmental specialist (e.g., California Professional Geologist, a licensed
Professional Engineer, or similarly qualified individual). The report shall include
recommendations based upon the findings for additional investigation /remediation if
contaminants are detected above applicable screening levels (e.g., excavate and
dispose, groundwater and /or soil vapor extraction, or in situ bioremediation).
MM HAZ -2c If remediation for contaminated soils is required, all remediation
activities shall be accomplished in a manner that reduces risk to below applicable
standards and the need for remediation shall be completed prior to beginning
construction. Closure report or other reports regarding remediation activities of
contaminated soil shall be submitted to DTSC or the appropriate governmental
agency for review and approval upon completion of remediation actions. If
regulatory governmental agencies determine that construction of the projects would
interfere with necessary remediation, construction shall be postponed as necessary
to allow for adequate remediation.
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(e) The Final EIR determined that without mitigation the proposed project could
result in significant adverse impacts related to construction - related noise 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 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 construction - related noise
effects to below levels of significance:
MM NOI -1a Construction Noise Management Plan. A Construction Noise
Management Plan shall be prepared and approved by the City. The Plan would
address noise and vibration impacts and outline measures that would be used to
reduce impacts. Measures would include:
• To the extent that they exceed applicable construction noise limits,
excavation, foundation - laying, and conditioning activities shall be restricted to
between the hours of 10:00 a.m. and 3:00 p.m., Monday through Friday, in
accordance with Section 4.12.11 Old) of the Santa Monica Municipal Code.
• The Applicant's construction contracts shall require implementation of the
following construction best management practices (BMPs) by all construction
contractors and subcontractors working in or around the project sites to reduce
construction noise levels:
o The Applicant and its contractors and subcontractors shall ensure that
construction equipment is properly muffled according to manufactures
specifications or as required by the City's Department of Building and Safety,
whichever is the more stringent.
o The Applicant and its contractors and subcontractors shall place noise -
generating construction equipment and locate construction staging areas away
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from sensitive uses, where feasible, to the satisfaction of the Department of
Building and Safety.
o The Applicant and its contractors and subcontractors shall implement noise
attenuation measures which may include, but are not limited to, noise barriers or
noise blankets to the satisfaction of the City's Department of Building and Safety.
• The Applicant's contracts with its construction contractors and
subcontractors shall include the requirement that construction staging areas,
construction worker parking and the operation of earthmoving equipment within the
project sites, are located as far away from vibration- and noise - sensitive sites as
possible. Contract provisions incorporating the above requirements shall be
included as part of the projects' construction documents, which shall be reviewed
and approved by the City.
The Applicant shall require by contract specifications that heavily loaded
trucks used during construction shall be routed away from residential streets to the
extent possible. Contract specifications shall be included in the proposed projects'
construction documents, which shall be reviewed by the City prior to issuance of a
grading permit.
• Meetings shall be coordinated with the management of neighboring
buildings such as Step Up on Fifth, Luxe @ 1548, Luxe @ 1539, Silvercrest
Retirement Home, and the Colorado Court Building to seek solutions to minimize
noise impacts. Additionally, neighboring residents would be notified of the
construction schedule and upcoming high level noise events.
MM NOI -2a If project construction uses pile driving or vibratory techniques for
foundation construction and construction of the Expo LRT has progressed to the
point that infrastructure is in place that may be subject to damage from vibration,
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the Applicant shall install surface vibration monitors to detect vibrations that may
affect future operation of the trains. The details of the placement and reporting of
the vibration monitors shall be developed in coordination with the Exposition
Construction Authority and Los Angeles County Metropolitan Transportation
Authority.
(f) The Final EIR determined that without mitigation the proposed project could
result in significant adverse impacts related to construction - related transportation /traffic
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 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 construction -
related transportation /traffic effects to below levels of significance:
MM T -1a The Applicant shall prepare, implement and maintain a Construction
Impact Mitigation Plan for review and approval prior to issuance of a building permit
to address manage traffic during construction and 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
• 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, Fire, Planning and Community
Development, and Police to ensure that the Plan has been designed in accordance
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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 Construction Impact Mitigation 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 Strategic and
Transportation Planning 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 AM and
4:00 PM. 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.
• 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.
• An Applicant- funded on -site monitor shall be present to ensure safety when
Metro workers are in the immediate vicinity, or when more dangerous
activities are occurring (e.g., raising of heavy equipment to roof levels). The
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Plan shall identify the activities that would prompt the presence of an on -site
monitor.
® 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.
Proiect 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, and implementation of an approved Construction Impact
Mitigation 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 Development
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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 Strategic and Transportation Planning Division
approval of any haul routes for earth, concrete, or construction materials and
equipment hauling.
MM T -2a The applicant shall prepare a Construction Impact Mitigation Plan and
make its best faith efforts to coordinate with the Caltrans, City of Santa Monica, Los
Angeles County Metropolitan Transportation Authority, and the Exposition
Construction Authority. The final Construction Impact Mitigation Plan for the
proposed hotels shall ensure that transportation mitigation measures set forth do
not conflict with the implementation of transportation mitigation measures
associated with the Colorado Esplanade Project, Expo LRT, and 520 Colorado
Avenue Affordable Housing Project. Any changes to the construction or building
plans that may impact the Expo LRT railroad right -of -way shall be communicated in
writing by the Applicant or their contractor to Los Angeles County Metro and the
Exposition Construction Authority.
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 - related vibration impacts, and transportation /traffic
(operation) cannot feasibly be avoided or mitigated to below a level of significance.
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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 shadow impacts. Consistent with Article VI, Section 12 of
the City of Santa Monica CEQA Guidelines, and as detailed in the Final EIR, the City
Council finds that the project's shadow impacts can only be mitigated through a reduction
in the height and design of the building. The following mitigation measure was included in
the Final EIR to address shadow impacts from the proposed project.
MM SHDW -1a In order to protect solar access, the City shall review the design
(i.e., stepbacks, height, structural elements, site coverage) of the proposed
projects. For the proposed Courtyard by Marriott, redesign measures such as
additional step back of the fifth and sixth level and relocation the proposed stairwell
closest to the Step Up on Fifth Building would be required to eliminate the shadow
impact. For the Hampton Inn and Suites, relocation of both stairwells would be
required or elimination of the sixth story.
While the relocation of the stairwells or elimination of the sixty story, as described in MM
SHDW -1a, would reduce impacts to solar access and shadows to less than significant,
such modification would result in major design complications and would require significant
changes to the overall building design. Therefore, barring project redesign, shadow
impacts would remain significant and unavoidable.
(b) The Final EIR determined that the proposed project would result in
significant adverse impacts to construction - related vibration impacts. Consistent with
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Article VI, Section 12 of the City of Santa Monica CEQA Guidelines, and as detailed in the
Final EIR in Section 3.3, the City Council finds that the proposed project would result in
construction - related vibration impacts due to the proximity of residential uses.
Groundborne vibration levels have the potential to exceed the FTA human annoyance
threshold of 85 VdB for residences. Although periods of high vibration levels would be
limited to construction and would occur primarily during excavation, shoring and
construction of foundations, the vibration levels would be disruptive to these sensitive
receptors. Although Municipal Code Section 4.12.070 exempts from regulation any
vibration associated with construction, it presents a significant impact under CEQA.
Mitigation measure MM NOI -1a could reduce these impacts somewhat by limiting the
timing of the most vibration intensive activities, locating vibration - generating equipment as
far away as feasible from existing sensitive receptors, and ensuring that haul trucks
associated with construction activities are routed away from residential streets such as 5th
Street. However, because the sites are adjacent to residential structures and the building
envelope extends to the site boundaries, such measures would be of only limited utility.
Another potential mitigation measure is the use of trenching; however, this option is
infeasible because the projects' building envelopes extend to the property line. Therefore,
impacts to residential sensitive receptors associated with construction vibration would be
significant and unavoidable.
(c) The Final EIR determined that the proposed project would result in
significant adverse impacts from transportation /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 3.12, the City Council finds that the proposed project would result in
traffic - related impacts that would exceed significance thresholds at one intersection under
Approval Year (2013) Plus Project conditions and at four intersections under Future Year
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(2020) Plus Project conditions. Physical improvements are available which could
potentially reduce the severity of the project approval and future year traffic impacts.
However, these improvements are either:
• Not scheduled or funded; or,
• Would create substantial secondary impacts to pedestrian mobility and transit
operation and would create potential inconsistencies with adopted City policies.
As such, these potential mitigation measures would be infeasible. Therefore, the impacts
at Lincoln Boulevard & 1 -10 Westbound Ramps /Olympic Boulevard under Approval Year
(2012) Plus Project conditions would be significant and unavoidable, and the impacts at
the four significantly impacted intersections under Future (Year 2020) Plus Project
conditions would be significant and unavoidable.
SECTION 5. 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, the Zoning Compliant Alternative is the environmentally
superior alternative. Under this alternative, significant and unavoidable impact on solar
access from the Hampton Inn & Suites would be reduced to less than significant. This
alternative would also incrementally reduce project impacts to neighborhood effects from
significant to less than significant. Impacts to transportation, air quality and GHG
generation would all be incrementally reduced. However, this alternative would not fully
meet the Project Objectives for providing moderately priced accommodations downtown.
In addition, the value enhancement and financial feasibility analysis prepared by the City's
economic consultant indicates that this alternative would not be financially feasible.
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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
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 shadows, construction - related 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
2.7 of the Development Agreement, which is incorporated herein by reference:
® Tax revenues, including transient occupancy tax, sales tax, property tax,
business license tax, parking tax, and utility user's tax.
Providing new construction jobs and employment opportunities in the Hotel and
Leasable Space.
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• Providing the Santa Monica - Malibu Unified School District with fee revenue for
capital improvements.
• Providing a Hotel Living Wage consistent with the City's Living Wage
Ordinance.
• Ground floor open space for public use.
• Local hiring program for construction and permanent hotel and leasable space
employees. Program includes a job fair for Santa Monica residents.
• Transportation Demand Management measures, including:
• AVR of 2.0.
• Financial incentives for project employees to use public transit.
Secure bicycle parking for employees, hotel guests and visitors (45 spaces).
• Bicycle rentals for shared use by hotel guests.
• Parking spaces reserved for car share spaces.
• Unbundled parking for commercial tenants.
• On -site bicycle shower and locker facilities for employees.
• Building design that would achieve LEEDO Gold certification.
• Roof - mounted solar energy systems, including photovoltaic solar panels.
• Monetary contributions supporting the Colorado Esplanade, Historic
Preservation, Transportation Infrastructure, and Hospitality Training.
• "Electric Vehicle ready" parking spaces.
• Shared parking for surrounding residents and businesses.
• Paid internships for students of Santa Monica High and Santa Monica College.
• Community meeting space for non - profit or other community organizations.
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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 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 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 Steve
Mizokami. Associate Planner.
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:
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Adopted and approved this 12th day of November, 2013.
am O'Connor, Mayor
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Resolution No. 10782 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 12th day of November, 2013, by the following vote:
AYES: Councilmembers: Davis, Holbrook, McKeown, Vazquez, Winterer
Mayor Pro Tern O'Day, Mayor O'Connor
NOES: Councilmember: None
ABSENT: Councilmember: None
ATTEST:
Sarah P. Gorman, City Clerk