R10798RESOLUTION NO. 10798 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA MAKING FINDINGS
NECESSARY TO APPROVE THE BERGAMOT TRANSIT VILLAGE CENTER
PROJECT,
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION,
AND MITIGATION MONITORING PLAN
WHEREAS, a Draft Environmental Impact Report was prepared in January 2012
and a Final Environmental Impact Report (Final EIR) was prepared in July 2013 which
analyzes the environmental effects of the Bergamot Transit Village Center 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 February 4, 2014, the City Council certified that the Final
Environmental Impact Report as modified by the February 4, 2014 Revised Errata to EIR
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 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
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detailed in the Final EIR, the City Council finds that impacts would be less than significant
without mitigation for land use /planning, noise (operational), population /housing, and
public services.
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
related to biological resources, cultural resources, geology /soils, greenhouse gas
emissions, hazards /hazardous materials, hydrology /water quality, and noise (construction -
related) 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 on biological 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 reduce the
project's biological resource impacts to below levels of significance:
MM4.3 -1 Avoidance of Nesting Birds. To prevent impacts to nesting birds
protected under the MBTA and California Fish and Game Code, the project
applicant shall enforce the following:
a. Where suitable vegetation and structures for nesting birds occur
within 200 feet of project construction activities, all phases of project
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construction shall avoid the general nesting season (March 1 through
August 31).
b. If construction cannot avoid the general nesting season, the project
applicant shall retain a qualified biologist to conduct a pre -
construction survey for nesting birds prior to clearing, grading and /or
construction activities on the project site. The survey shall be
conducted within 72 hours prior to the start of construction.
C. If any nesting birds are present within or immediately adjacent to the
proposed project construction area, the following shall be required:
The project applicant shall retain a qualified biologist to flag and
demarcate the location of all nesting birds and monitor construction
activities. Temporary avoidance of active bird nests, including the
enforcement of an avoidance buffer of 25 to 200 feet, as determined
by the qualified biological monitor, shall be required until the qualified
biological monitor has verified that the young have fledged or the nest
has otherwise become inactive. Documentation of the nesting bird
surveys and any follow -up monitoring, as necessary, shall be
provided to the City within 10 days of completing the final survey or
monitoring event.
MM4.3 -2 Mature Tree Preservation. Prior to commencement of construction
activities and /or the removal or planting of any public tree species within the project
area, the project applicant shall coordinate with the City of Santa Monica Director of
Recreation and Parks and the City of Santa Monica Director of General Services to
obtain the proper tree permits and delineate any applicable Tree Protection Zone
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areas, in compliance with the City of Santa Monica Tree Code and the City of Santa
Monica Urban Forest Master Plan.
MM4.3 -3 Tree Relocation and Removal Plan. Prior to commencement of
construction activities and /or the removal or planting of any public tree species
within the project area, the project applicant shall prepare a Tree Relocation and
Removal Plan in accordance with the City of Santa Monica Urban Forest Master
Plan that clearly identifies the public trees to be impacted, the reasons for the
proposed removals or relocations, and shall contain the following information:
a. The appraised value of the tree in relation to its relocation cost
b. Existing utilities and other elements of the City's infrastructure
C. The suitability of the tree for relocation, i.e., tree age, health, root and
canopy structure
d. The mature size of the tree
e. Impact the relocated tree will have on the new site
f. Long term and short term maintenance and irrigation requirements
g. Chances of surviving relocation
h. Public input obtained as part of the project's community design
process
i. Environmental benefits of the tree
j. Aesthetic and /or cultural,value
The final Tree Relocation and Removal Plan shall be approved by the City Council.
MM4.3 -4 Coral Tree Replacement. Coral trees removed as a result of the
proposed project and that cannot be relocated shall be replaced on a 2:1 basis.
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Replacement coral trees shall consist of a minimum of 36 -inch box trees. The
replacement coral trees shall be planted within the Olympic Boulevard median to
the extent that a relocation site is available as identified by the City of Santa
Monica's Community Forester. If a relocation site within the Olympic Boulevard
median is not available, another suitable relocation site may be identified by the
City of Santa Monica's Community Forester.
(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 reduce the
project's cultural resources impacts to below levels of significance:
MM4.5 -1 In the event that any prehistoric or historic - period subsurface
archaeological features or deposits, including locally darkened soil ( "midden "), that
could conceal cultural deposits, animal bone, obsidian, and /or mortar are
discovered during demolition /construction - related earth- moving activities, all
ground- disturbing activity within a 100 -meter radius of the resources shall be halted
immediately, and the City of Santa Monica Planning and Community Development
Director shall be notified within 24 hours. The project applicant shall retain an
archaeologist who meets the Secretary of the Interior's professional qualifications
for Archaeology. The Planning and Community Development Director shall consult
with the archeologist to assess the significance of the find. Impacts to any
significant resources shall be mitigated to a less- than - significant level through data
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recovery or other methods determined adequate by the Planning and Community
Development Director and that are consistent with the Secretary of the Interior's
Standards for Archaeological Documentation.
If Native American archaeological, ethnographic, or spiritual resources are
discovered, all identification and treatment of the resources shall be conducted by a
qualified archaeologist and Native American representatives who are approved by
the local Native American community as scholars of the cultural traditions. In the
event that no such Native American is available, persons who represent tribal
governments and /or organizations in the locale in which resources could be
affected shall be consulted. When historic archaeological sites or historic
architectural features are involved, all identification and treatment is to be carried
out by historical archaeologists or architectural historians who meet the Secretary of
the Interior's professional qualifications for Archaeology and/or Architectural
History.
MM4.5 -2 Should paleontological resources be identified at any project
construction sites during any phase of construction, the construction manager shall
cease operation within a 100 -meter radius of the discovery and immediately notify
the City of Santa Monica Planning and Community Development Department. The
project proponent shall retain a qualified paleontologist to provide an evaluation of
the find and to prescribe mitigation measures to reduce impacts to a less -than-
significant level. In considering any suggested mitigation proposed by the
consulting paleontologist, the Planning and Community Development Department
shall determine whether avoidance is necessary and feasible in light of factors such
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as the nature of the find, project design, costs, land use assumptions, and other
considerations. If avoidance is unnecessary or infeasible, other appropriate
measures (e.g., data recovery) shall be instituted. Work may proceed on other parts
of the project site while mitigation for paleontological resources is carried out.
MM4.5 -3 If human remains are discovered during any demolition /construction
activities, all ground- disturbing activity within a 100 -meter radius of the remains
shall be halted immediately, and the Los Angeles County coroner shall be notified
immediately, according to Section 5097.98 of the state Public Resources Code and
Section 7050.5 of California's Health and Safety Code. If the remains are
determined by the County coroner to be Native American, the Native American
Heritage Commission (NAHC) shall be notified within 24 hours, and the guidelines
of the NAHC shall be adhered to in the treatment and disposition of the remains.
The project applicant shall also retain a professional archaeologist with Native
American burial experience to conduct a field investigation of the specific site and
consult with the Most Likely Descendant, if any, identified by the NAHC. As
necessary, the archaeologist may provide professional assistance to the Most
Likely Descendant, including the excavation and removal of the human remains.
The City of Santa Monica Planning and Community Development Director shall be
responsible for approval of recommended mitigation as it deems appropriate, taking
account of the provisions of state law, as set forth in CEQA Guidelines Section
15064.5(e) and Public Resources Code Section 5097.98. The project applicant
shall implement approved mitigation, to be verified by the City of Santa Monica
Planning and Community Development Director, before the resumption of ground-
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disturbing activities within a 100 -meter radius of where the remains were
discovered.
(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 reduce the
project's impacts related to geology /soils to below levels of significance:
MM4.6 -1 Prior to issuance of a grading permit, a California - licensed Civil
Engineer (Geotechnical) shall prepare and submit to the City of Santa Monica
Building and Safety Department a detailed soils and geotechnical analysis. An
evaluation of onsite faulting, which may require subsurface exploration using
methods such as trenching, shall be performed in accordance with the City of Santa
Monica's Guidelines for Geotechnical Reports (City of Santa Monica, 2010 or
successor thereto) in order to establish fault locations and potential recency of
activity. The report shall include soil sampling and laboratory testing of materials to
provide detailed recommendations for grading, chemical and fill properties,
expansive soils, soil erosion, and landscaping.
MM4.6 -2 The proposed project shall comply with the recommendations of the
final soils and geotechnical report, which shall be reviewed and approved by the
City in accordance with all applicable rules and regulations. These
recommendations shall be implemented in the design of the project, including but
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not limited to measures associated with building setbacks, building placement,
building design, site preparation, fill placement, temporary shoring and permanent
dewatering, groundwater seismic design features, excavation stability, foundations,
soil stabilization, establishment of deep foundations, concrete slabs and
pavements, surface drainage, cement type and corrosion measures, erosion
control, shoring and internal bracing, and plan review.
MM4.6 -3 The proposed project structure shall not be supported directly on the
landfill materials. If the landfill materials could not be completely removed, the
structures within the limits of the landfill material shall be supported on pile
foundations.
(d) The Final EIR determined that without mitigation the proposed project could
result in significant adverse impacts related to greenhouse gas emissions. 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
reduce the project's impacts related to greenhouse gas emissions to below levels of
significance:
MM4.7 -1 In accordance with SMMC Section 8.108.110, or any successor
thereto, the Applicant shall ensure that all construction projects divert at least 70
percent of all construction debris from landfills. In addition, the project shall use
green building materials, following the City's Green Building Ordinance, which may
include the use of salvageable materials from existing buildings on -site. This can
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take the form of re -use of entire structures, re -use or repurposing of significant
elements, such as beams or trusses, and recycling materials within the new project
such as grinding paving and asphalt for use as base material at the site. These
activities will increase the sustainability of the site through reduced waste materials
from demolition, reduced need for new materials on site, and reduction of the
ancillary transportation impacts from off -haul and delivery of materials to the site.
MM4.7 -2 The Applicant shall ensure that all residential and commercial
developments increase electrical energy efficiency by 20 percent beyond the 2008
Standards for Title 24 Part 6 energy efficiency standards or meet the 2013
California Energy Code, whichever is more stringent. The Applicant shall achieve
this reduction through methods such as (but not limited to) the following:
a. The Applicant shall ensure that ENERGY STAR Appliances are
utilized in all residential uses.
b. Use light emitting diode (LED) based energy efficient street lighting.
C. Use occupancy sensors for all areas allowed by code, such as offices
and conference rooms.
d. The projects' interior building lighting shall use compact fluorescent
light bulbs or equivalently efficient lighting to the satisfaction of the
City of Santa Monica Building and Safety Department.
e. Use Energy Efficient Roofing Materials. All roofing materials shall be
Energy Star® certified. All roof products shall also be certified to meet
American Society for Testing and Materials (ASTM) high emissivity
requirements.
Documentation of compliance with this measure shall be provided to the City of
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Santa Monica Building and Safety Division for review and approval. Installation of
the identified design features or equipment will be confirmed by the City prior to
issuance of certificate of occupancy.
MM4.7 -3 The Applicant shall ensure that all residential and commercial
developments increase natural gas efficiency by 20 percent beyond the 2008
Standards for Title 24 Part 6 energy efficiency standards or meet the 2013
California Energy Code, whichever is more stringent. The Applicant shall achieve
this reduction through methods such as (but not limited to) the following:
• Exterior wall systems will be fully insulated beyond minimum 2008
Standards for Title 24 Part 6 energy efficiency standards.
• Glazing will specify insulated Low -E glass with thermal break window
frame systems.
• Where feasible, incorporate passive solar design features into the
buildings, which may include roof overhangs or canopies that block
summer shade, but that allow winter sun, from penetrating south
facing windows.
• Increase in insulation such that heat transfer and thermal bridging is
minimized.
• Limit air leakage through the structure or within the heating and
cooling distribution system to minimize energy consumption.
• Incorporate dual -paned or other energy efficient windows.
• Incorporate energy efficient space heating and cooling equipment.
• Or other measures that will increase the energy efficiency of building
envelope in a manner that when combined with the other options
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listed above exceeds current Title 24 Standards (Title 24, Part 6 of
the California Code of Regulations; Energy Efficiency Standards for
Residential and Non Residential Buildings, as amended September
11, 2008; Cool Roof Coatings performance standards as amended
September 11, 2006) by a minimum of 20 percent or meet the 2013
California Energy Code, whichever is more stringent.
Documentation of compliance with this measure shall be provided to the City of
Santa Monica Building and Safety Division for review and approval. Installation of
the identified design features or equipment will be confirmed by the City prior to
issuance of certificate of occupancy.
MM4.7 -4 The Applicant shall include the use of or contribution to increased
renewable energy power generation such that at least 45 percent of the project's
electricity comes from renewable sources. This would be achieved by methods
such as (but not limited to) the following:
• Incorporate solar panels into the electrical system.
• Incorporate cool roofs /light- colored roofing
Documentation of compliance with this measure shall be provided to the City of
Santa Monica Building and Safety Division for review and approval. Installation of
the identified design features or equipment will be confirmed by the City prior to
issuance of certificate of occupancy.
MM4.7 -5 The Applicant shall include at least one electrical outlet not more than
100 feet apart on each side of the exterior of new buildings to reduce emissions
from gas - powered landscape maintenance equipment. Documentation of
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compliance with this measure shall be provided to the City of Santa Monica
Building and Safety Division for review and approval. Installation of the identified
design features or equipment will be confirmed by the City prior to issuance of
certificate of occupancy.
MM4.7 -6 The Applicant shall ensure that all residential and commercial
development reduce indoor water consumption by a minimum of 20 percent from
2008 Title 24 standards or meet the 2013 California Building Standards Law,
whichever is more stringent. The Applicant shall achieve this reduction through
methods such as (but not limited to) the following:
• Install low -flow or waterless fixtures in public and residential
restrooms, including but not limited to toilets, dishwashers, shower
heads, washing machines, etc.
• Control the flow of water to the garbage disposal.
• Ensure water pressure and flows to dishwashers are set a minimum
required setting.
• Install flushometer (tankless) toilets with water - saving diaphragms
and coordinate automatic systems with work hours so that they don't
run continuously in public restrooms.
Documentation of compliance with this measure shall be provided to the City of
Santa Monica Building and Safety Division for review and approval. Installation of
the identified design features or equipment will be confirmed by the City prior to
issuance of certificate of occupancy.
MM4.7 -7 The Applicant shall ensure that all residential and commercial
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development reduce outdoor water consumption by a minimum of 10 percent from
2008 Title 24 standards or meet the 2013 California Building Standards Law,
whichever is more stringent. The Applicant shall achieve this reduction through
methods such as (but not limited to) the following:
• Utilize water - efficient irrigation systems and drought tolerant plant
palette and insure that sprinklers are directing water to landscape
areas, and not to parking lots, sidewalks or other paved areas.
• Adjust the irrigation schedule for seasonal changes.
• Use brooms, squeegees, and wet/dry vacuums to clean surfaces
before washing with water; do not use hoses as brooms; sweep or
blow paved areas to clean, rather than hosing off (applies outside, not
inside).
• Avoid washing building exteriors or other outside structures.
• Sweep and vacuum parking lots /sidewalks /window surfaces rather
than washing with water.
• Use a shut -off nozzle on all hoses that can be adjusted down to a fine
spray so that water flows only when needed.
• Install automatic rain shutoff device on sprinkler systems.
Documentation of compliance with this measure shall be provided to the City of
Santa Monica Building and Safety Division for review and approval. Installation of
the identified design features or equipment will be confirmed by the City prior to
issuance of certificate of occupancy.
MM4.7 -8 The Applicant shall reduce waste through recycling and composting
such that 70 percent of waste is diverted from the landfill. Prior to issuance of a
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building permit, the applicant shall demonstrate that the proposed project
incorporates exterior storage areas for recyclables and green waste and adequate
recycling containers located in public /common areas pursuant to the adopted
standards. Documentation of compliance with this measure shall be provided to the
City of Santa Monica Building and Safety Department for review and approval.
Installation of the identified design features or equipment will be confirmed by the
City prior to issuance of certificate of occupancy.
MM4.7 -9 In lieu of mitigation measures MM4.7 2 through MM4.7 8, the project
applicant may provide a quantitative accounting of GHG emissions to the City
utilizing an alternative emissions reduction strategy for each phase of development
within the proposed project such that the following requirements are met:
• The reduction scenario must be submitted to and approved by the
City before a building permit can be obtained.
• The reduction scenario must detail the proposed measures and the
reduction percentage from overall project emissions.
• The reduction scenario must, at a minimum, meet the existing
regulatory standards at the time it is submitted.
• The reduction scenario must be compliant with the City - implemented
TDM requirements.
• The reduction scenario must reduce total project emissions (mobile
plus nonmobile) to below 10,000 MT CO2e annually.
(e) The Final EIR determined that without mitigation the proposed project could
result in significant adverse impacts related to hazards /hazardous materials. Consistent
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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
reduce the project's impacts related to hazards /hazardous materials to below levels of
significance:
MM4.8 -1 Prior to demolition and /or construction activities, the proposed project
site shall be tested for asbestos and lead by a licensed contractor. The asbestos
report shall be submitted to the South Coast Air Quality Management District for
review and approval. In addition, copies of the asbestos report and the lead report
shall be provided to the City of Santa Monica Building and Safety Division prior to
the issuance of demolition permits. The contractor shall follow all applicable local,
state, and federal codes and regulations related to the treatment, handling, and
disposal of asbestos and lead if the proposed project requires asbestos and /or lead
abatement.
MM4.8 -2 Prior to the issuance of grading permits for the project site, the site
developer(s) shall conclude all investigation and /or remediation activities. It shall be
the responsibility of the site developer(s) to complete such investigation and /or
remediation prior to construction of the project. Remediation shall be accomplished
in a manner that reduces risk to below applicable standards and shall be completed
prior to issuance of any occupancy permits. Closure report or other reports
regarding investigation and /or remediation activities regarding groundwater and /or
soil shall be submitted to LARWQCB and /or DTSC for review and approval.
Approved reports that document the successful completion of required remediation
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activities, for contaminated soils and groundwater shall be submitted to the Santa
Monica Fire Department and the City of Santa Monica Water Resources Division
prior to the issuance of grading permits for site development. No construction shall
occur in the affected area until reports have been accepted by the City.
MM4.8 -3 In the event that previously unknown or unidentified soil and /or
groundwater contamination that could present a threat to human health or the
environment is encountered during construction at the project site, construction
activities in the immediate vicinity of the contamination shall cease immediately. A
qualified environmental specialist (e.g., a licensed Professional Geologist [PG], a
licensed Professional Engineer [PE] or similarly qualified individual) shall conduct
an investigation to identify and to determine the level of soil and /or groundwater
contamination. If contamination is encountered, a Risk Management Plan shall be
prepared and implemented that (1) identifies the contaminants of concern and the
potential risk each contaminant would pose to human health and the environment
during construction and post - development and (2) describes measures to be taken
to protect workers, and the public from exposure to potential site hazards. Such
measures could include a range of options, including, but not limited to, physical
site controls during construction, remediation, long -term monitoring, post -
development maintenance or access limitations, or some combination thereof.
Depending on the nature of contamination, if any, appropriate agencies shall be
notified (e.g., Santa Monica Fire Department). If needed, a Site Health and Safety
Plan that meets Occupational Safety and Health Administration requirements shall
be prepared and in place prior to commencement of work in any contaminated
area.
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MM4.8 -4 A Human Health Risk Assessment (HRA) shall be prepared to
analyze potential concerns associated with possible hazardous emissions from the
landfills and to determine if the hazardous emissions pose any actual
endangerment to the project site.
(f) The 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 Final EIR, the City Council
finds that the following mitigation measures have been required for the project that will
reduce the project's impacts related to hydrology /water quality to below levels of
significance:
MM4.9 -1 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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MM4.9 -2 The Applicant shall design storm drain facilities (i.e., on -site detention
facility) to ensure that the capacity flow does not exceed 1.8 cfs per acre per
County of Los Angeles restriction on capacity limitation to the Pico - Kenter Canyon
drain for the proposed project. Prior to any construction activities, the Applicant
shall apply for a permit with the County of Los Angeles to obtain final approval to
connect to the Pico - Kenter Canyon drain. The Applicant also shall submit storm
drain facilities plans to the City of Santa Monica Department of Public Works to
meet any additional conditions required by the City and approval to ensure that the
flow capacity allowed by the County of Los Angeles are not exceeded.
(g) 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 reduce the project's impacts related to construction - related noise effects to below
levels of significance:
MM4.12 -1 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 site to reduce
construction noise levels:
• The Applicant and its contractors and subcontractors shall ensure
that construction equipment is properly muffled according to
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manufactures specifications or as required by the City's Department
of Building and Safety, whichever is the more stringent.
The Applicant and its contractors and subcontractors shall place
noise - generating construction equipment and locate construction
staging areas away from sensitive uses, where feasible, to the
satisfaction of the Department of Building and Safety.
• 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.
MM4.12 -2 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 site, 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 project's construction documents, which shall be reviewed
and approved by the City.
MM4.12 -3 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
project construction documents, which shall be reviewed by the City prior to
issuance of a grading permit.
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(h) 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 reduce the project's impacts related to construction - related
transportation /traffic effects to below levels of significance:
MM 4.4 -1 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:
a. Prevent traffic impacts on the surrounding roadway network
b. Minimize parking impacts both to public parking and access to private
parking to the greatest extent practicable
C. Ensure safety for both those constructing the project and the
surrounding community
d. 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
with this mitigation measure. This review shall occur prior to issuance of grading or
building permits. It shall, at a minimum, include the following:
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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:Q0 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.
® 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.
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® 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, and 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 Development Department) and to all
owners and residential and commercial tenants of property within a
radius of 500 feet.
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® 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.
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 aesthetics, air quality (construction and operation), and transportation /traffic
(operation) 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 related to aesthetics 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 would result in the removal of two coral trees within
the Olympic Boulevard median to accommodate eastbound left -turn lanes in to the site.
Although mitigation measure 4.3 -4 would require the replacement of the coral trees to be
removed on a 2:1 basis, and these replacement coral trees shall be planted within the
Olympic Boulevard median to the extent that a relocation site is identified by the City's
Community Forester, it cannot be definitely determined at this time i if the replacement
coral trees would be planted within the Olympic Boulevard median (which is identified by
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the City's Open Space Element as a green street with scenic value). Therefore, this is
impact is considered significant and unavoidable.
(b) The Final EIR determined that the proposed project would result in
significant adverse impacts to air quality. 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 project construction and operation would generate air pollutant emissions that would
exceed South Coast Air Quality Management District standards. The following mitigation
measures would be implemented to reduce impacts; however impacts would remain
significant and unavoidable.
MM4.2 -1 The Applicant shall require by contract specifications that all diesel -
powered equipment used will be retrofitted with after - treatment products (e.g.,
engine catalysts and diesel particulate filters). The engine catalysts shall achieve a
minimum reduction of 15 percent for NOX from manufacturer specifications. The
diesel particulate filters shall meet EPA Tier 3 standards, consistent with CARB
approved Truck and Bus Regulation requirements in affect at the time the contract
is approved. Contract specifications shall be included in project construction
documents, which shall be reviewed by the City of Santa Monica prior to issuance
of a grading permit.
MM4.2 -2 The Applicant shall require by contract specifications that all heavy -
duty diesel - powered equipment operating and refueling at the project site use low -
NOX diesel fuel to the extent that it is readily available and cost effective (up to 125
percent of the cost of California Air Resources Board diesel) in the South Coast Air
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Basin (this does not apply to diesel - powered trucks traveling to and from the project
site). Contract specifications shall be included in project construction documents,
which shall be reviewed by the City of Santa Monica prior to issuance of a grading
permit.
MM4.2 -3 The Applicant shall require by contract specifications that all heavy-
duty diesel - powered equipment operations at the project site will utilize a phased -in
emission control technology in advance of a regulatory requirement such that 30
percent of the fleet will meet USEPA Tier 4 engine standards for particulate matter
control (or equivalent) starting in 2013 and for the duration of the project, consistent
with CARB approved Truck and Bus Regulation requirements in affect at the time
the contract is approved.
MM4.2 -4 The Applicant shall require by contract specifications that
construction equipment engines be maintained in good condition and in proper tune
per manufacturer's specification for the duration of construction. Contract
specifications shall be included in project construction documents, which shall be
reviewed by the City of Santa Monica prior to issuance of a grading permit.
MM4.2 -5 The Applicant shall require by contract specifications that
construction operations rely on the electricity infrastructure surrounding the
construction site rather than electrical generators powered by internal combustion
engines. Contract specifications shall be included in project construction
documents, which shall be reviewed by the City of Santa Monica prior to issuance
of a grading permit.
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MM4.2 -6 As required by South Coast Air Quality Management District Rule
403 — Fugitive Dust, all construction activities that are capable of generating fugitive
dust are required to implement dust control measures during each phase of project
development to reduce the amount of particulate matter entrained in the ambient
air. These measures include the following:
a. Application of soil stabilizers to inactive construction areas
b. Quick replacement of ground cover in disturbed areas
C. Watering of exposed surfaces three times daily
d. Watering of all unpaved haul roads three times daily
e. Covering all stock piles with tarp
f. Reduction of vehicle speed on unpaved roads
g. Post signs on -site limiting traffic to 15 miles per hour or less
h. Sweep streets adjacent to the project site at the end of the day if
visible soil material is carried over to adjacent roads
Cover or have water applied to the exposed surface of all trucks
hauling dirt, sand, soil, or other loose materials prior to leaving the
site to prevent dust from impacting the surrounding areas
Install wheel washers where vehicles enter and exit unpaved roads
onto paved roads to wash off trucks and any equipment leaving the
site each trip
MM4.2 -7 The Applicant shall require by contract specifications that
construction - related equipment, including heavy -duty equipment, motor vehicles,
and portable equipment, shall be turned off when not in use for more than 5
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minutes. Diesel- fueled commercial motor vehicles with gross vehicular weight
ratings of greater than 10,000 pounds shall be turned off when not in use for more
than 5 minutes. Contract specifications shall be included in the proposed project
construction documents, which shall be approved by the City of Santa Monica.
MM4.2 -8 The Applicant shall require by contract specifications that
construction parking be configured to minimize traffic interference during the
construction period and, therefore, reduce idling of traffic. Contract specifications
shall be included in the proposed project construction documents, which shall be
approved by the City of Santa Monica.
MM4.2 -9 The Applicant shall require by contract specifications that temporary
traffic controls are provided, such as a flag person, during all phases of construction
to facilitate smooth traffic flow. Contract specifications shall be included in the
proposed project construction documents, which shall be approved by the City of
Santa Monica.
MM4.2 -10 The Applicant shall require by contract specifications that
construction activities that would affect traffic flow on the arterial system be
scheduled to off -peak hours (9:30 am to 4:00 pm). Contract specifications shall be
included in the proposed project construction documents, which shall be approved
by the City of Santa Monica
MM4.2 -11 The Applicant shall require by contract specifications that trackout
roads will meet SCAQMD Table XI C standards to achieve a 46 percent reduction
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in PM10.The construction contractor shall install gravel bed trackout apron (3
inches deep, 25 feet long, 12 feet wide per lane and edged by rock berm or row of
stakes) to reduce mud /dirt trackout from unpaved truck exit routes. Contract
specifications shall be included in the proposed project construction documents,
which shall be approved by the City of Santa Monica.
MM4.2 -12 The Applicant shall require by contract specifications that the
architectural coating (paint and primer) products used have a VOC rating of 125
grams per liter or less. Contract specifications shall be included in the proposed
project construction documents, which shall be approved by the City of Santa
IVA
MM4.2 -13 The Applicant shall require by contract specifications that materials
that do not require painting be used during construction to the extent feasible.
Contract specifications shall be included in the proposed project construction
documents, which shall be approved by the City of Santa Monica.
MM4.2 -14 The Applicant shall require by contract specifications that pre - painted
construction materials be used to the extent feasible. Contract specifications shall
be included in the proposed project construction documents, which shall be
approved by the City of Santa Monica.
MM4.2 -15 Prior to issuance of a building permit, the Applicant shall demonstrate
that the design of the proposed buildings or structures exceeds current Title 24
requirements (as provided for in the 2010 California Green Building Code [Title 24,
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Part 11]) by a minimum of 15 percent or the 2013 California Green Building Code,
whichever is more stringent, subject to review by the City of Santa Monica.
Documentation of compliance with this measure shall be provided to the Planning
Department for review and approval prior to issuance of the permit. Installation of
the identified design features or equipment will be confirmed by the City of Santa
Monica prior to certificate of occupancy. Any combination of the following design
features may be used to fulfill this mitigation provided that the total increase in
efficiency meets or exceeds the more stringent of 15 percent or the 2013 California
Green Building Code:
a. Increase in insulation such that heat transfer and thermal bridging is
minimized
b. Limit air leakage through the structure or within the heating and
cooling distribution system to minimize energy consumption
C. Incorporate dual -paned or other energy efficient windows
d. Incorporate energy efficient space heating and cooling equipment
e. Incorporate energy efficient light fixtures
f. Incorporate energy efficient appliances
g. Incorporate energy efficient domestic hot water systems
h. Incorporate solar panels into the electrical system
i. Incorporate cool roofs /light - colored roofing
j. Or other measures that will increase the energy efficiency of building
envelope in a manner that when combined with the other options
listed above exceeds current Title 24 Standards (as provided for in
the 2010 California Green Building Code [Title 24, Part 11]) by a
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minimum of 15 percent or meets the 2013 California Green Building
Code, whichever is more stringent.
MM4.2 -16 The Applicant shall ensure that designs include all illumination
elements to have controls to allow selective use as an energy conservation
measure.
MM4.2 -17 Prior to issuance of any certificate of occupancy, the Applicant shall
demonstrate that all interior building lighting supports the use of compact
fluorescent light bulbs or equivalently efficient lighting to the satisfaction of the City
of Santa Monica.
MM4.2 -18 The Applicant shall ensure that maintenance activities during
operation of the proposed project requiring the reapplication of architectural coating
(paint and primer) shall use products that have a low to no VOC rating.
(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 4.3, the City Council finds that the proposed project would result in
traffic - related impacts that would exceed significance thresholds. Mitigation measures
MM4.16 -1 through MM4.16 -10 as listed below would reduce impacts; however, mitigation
measures MM4.16 -6 through MM4.16 -10 cannot be guaranteed since they would require
the approval of Caltrans and /or the Los Angeles Department of Transportation. Therefore,
the proposed project would result in significant and unavoidable impacts at 20
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intersections based on the Highway Capacity Manual methodology and 11 intersections
under the Critical Movement Analysis methodology for Approval Year (2012) Plus Project
conditions. Additionally, the proposed project would result in significant and unavoidable
impacts at 21 intersections based on the Highway Capacity Manual methodology and 11
intersections based on the Highway Capacity Manual methodology under Future Year
(2030) Plus Project conditions. Under Approval Year (Year 2012) Plus Project conditions
and Future Year (2030) Plus Project conditions, the following mitigation measures shall be
required at impacted intersections:
MM4.16 -1 At the intersection of Lincoln Boulevard and Ocean Park Boulevard
the traffic signal shall be modified from protected to protected - permitted left -turn
phasing for the eastbound and westbound approaches. The provision of some
combination of new signage, controller cabinets, poles, mast arms, detectors,
and /or signal heads shall be required. The City of Santa Monica shall monitor the
operation of this intersection and adjust the signal timing and phasing as
appropriate.
MM4.16 -2 At the intersection of 23rd Street and Ocean Park Boulevard, an
exclusive right -turn lane shall be added on the eastbound approach. To
accommodate the right turn lane the existing eastbound through lane approach
shall be shifted approximately two feet to the north to provide room for a functional
right -turn lane. Peak period parking restrictions shall be implemented for the first 75
feet of parking (approximately three parking spaces) closest to the intersection
(eastbound on Ocean Park Boulevard west of 23rd Street) to allow for vehicles to
make eastbound right turns onto 23rd Street from Ocean Park Boulevard during the
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peak periods and when space is available outside of peak periods. Restriping and
peak period parking restriction signage at the eastbound approach of this
intersection shall be required.
MM4.16 -3 At the intersection of Cloverfield Boulevard and Santa Monica
Boulevard, the left -turn phasing for the westbound leg of the Cloverfield Boulevard
and Santa Monica Boulevard intersection shall be modified from a protected phase
to a permitted - protected phase. The provision of a combination of new signage,
controller cabinets, poles, mast arms, detectors, and /or signal heads shall be
required. The City of Santa Monica shall monitor the operation of this intersection
and adjust the signal timing and phasing as appropriate.
MM4.1 -4 At the intersection of 26th Street and Wilshire Boulevard, the
protected - permitted phasing for the eastbound and westbound left -turn movements
shall be modified to permitted phasing. 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 shall be
required. The City of Santa Monica shall monitor the operation of this intersection
and adjust the signal timing and phasing as appropriate.
MM4.16 -5 At the Stewart Street and Olympic Boulevard intersection, the traffic
signal shall be modified to provide protected - permitted left -turn phasing for
northbound and eastbound approaches. The provision of a combination of new
signage, controller cabinets, poles, mast arms, detectors, and /or signal heads shall
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be required. The City of Santa Monica shall monitor the operation of this
intersection and adjust the signal timing and phasing as appropriate.
MM4.16 -6 At the intersection of Centinela Avenue and the 1 10 Westbound
Ramps, the left -turn phasing at the northbound approach shall be converted from
protected to permitted - protected. The provision of some combination of new
signage, controller cabinets, poles, mast arms, detectors, and /or signal heads shall
be required. The City of Santa Monica shall monitor the operation of this
intersection and adjust the signal timing and phasing as appropriate.
Implementation of this improvement would require LADOT approval, a Caltrans
Encroachment Permit, and Caltrans review and approval of a traffic report and
engineering plans. Developer shall use its good faith reasonable efforts to obtain
such approval, including filing application plans, specifications, and studies that
provide sufficient information and details to enable the City of Los Angeles to
evaluate implementing the mitigation measure.
MM4.16 -7 At the intersection of Walgrove Avenue and Rose Avenue, the
westbound approach to shall be converted from a shared left/through /right lane to a
shared through /left -turn lane and one right -turn lane. If public ROW is needed to
accommodate a right -turn lane on the westbound approach, the relocation of street
lights, signage, and utilities along the westbound approach and the removal of two
parking spaces is required. Implementation of this improvement would require
LADOT approval. Developer shall use its good faith reasonable efforts to obtain
such approval, including filing application plans, specifications, and studies that
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provide sufficient information and details to enable the City of Los Angeles to
evaluate implementing the mitigation measure.
MM4.16 -8 At the intersection of Centinela Avenue and Venice Boulevard, signal
phasing operations shall be modified by converting both the eastbound and the
westbound left -turn phases from exclusively protected left -turn phasing to
protected - permissive left -turn phasing. The eastbound left -turn and the westbound
left -turn signals shall act simultaneously to avoid driver confusion. Implementation
of this improvement would require LADOT approval. Developer shall use its good
faith reasonable efforts to obtain such approval, including filing application plans,
specifications, and studies that provide sufficient information and details to enable
the city of Los Angeles to evaluate implementing the mitigation measure.
MM4.16 -9 At the intersection Barrington Avenue and Olympic Boulevard, the
left -turn phasing for the eastbound leg shall be modified from a permitted phase to
a protected - permitted phase. LADOT shall monitor the operation of this intersection
and adjust the signal timing and phasing as appropriate. The provision of a
combination of new signage, controller cabinets, poles, mast arms, detectors,
and /or signal heads shall be required. Implementation of this improvement would
require LADOT approval. Developer shall use its good faith reasonable efforts to
obtain such approval, including filing application plans, specifications, and studies
that provide sufficient information and details to enable the City of Los Angeles to
evaluate implementing the mitigation measure.
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MM4.16 -10 At the intersection of Federal Avenue and Wilshire Boulevard, a
northbound right -turn overlap shall be installed and the shared through /left -turn lane
on the southbound approach on Federal Avenue shall be configured to an
exclusive left -turn lane. The provision of a combination of new signage, controller
cabinets, poles, mast arms, detectors, and /or signal heads shall be required.
Implementation of this improvement would require LADOT approval. Developer
shall use its good faith reasonable efforts to obtain such approval, including filing
application plans, specifications, and studies that provide sufficient information and
details to enable the City of Los Angeles to evaluate implementing the mitigation
measure.
With implementation of mitigation measures MM4.16 -1 through MM4.16 -5 and MM4.16 -7
through MM4.16 -10, impacts to nine intersections would be reduced to a less -than-
significant level based on both the City of Santa Monica's HCM methodology and the City
of Los Angeles' CMA. With implementation of mitigation measure MM4.16 -6, proposed
project impact to the intersection of Centinela Avenue with the 1 -10 Westbound Ramps
would be reduced to a less than- significant level under the HCM methodology, but no
feasible mitigation is available to reduce the proposed projects impact to a less -than-
significant level under the CMA methodology. Accordingly, the proposed project would
result in a significant and unavoidable impact to the intersection of Centinela Avenue with
the 1 -10 Westbound Ramps, even with mitigation. Because five of the impacted
intersections where feasible mitigation has been identified are located partially or wholly
within the City of Los. Angeles, approval of mitigation measures MM4.16 -6 through
MM4.16 -10 by LADOT cannot be guaranteed. Accordingly, impacts at these five
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intersections are considered significant and unavoidable until the proposed mitigation
measure is approved by the LADOT.
Additional mitigation measures to reduce significant impact related to intersections were
considered. However, as discussed in further detail in the Traffic Study (Appendix 12 to
the 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. The infeasibility of mitigation is due primarily to impacted intersections being
fully built out and would therefore require the acquisition of public or private property for
public ROW to implement the proposed physical mitigations and could negatively impact
the built environment and existing pedestrian network.
Additionally, because the proposed project would generate more than 1 trip and thus
would exceed the City of Santa Monica's significance criteria, the proposed project would
result in significant and unavoidable impacts on five neighborhood street segments:
® Yale Street north of Colorado Avenue
• Idaho Avenue east of Bundy Avenue
• Nebraska Avenue west of Stanford Street
Nebraska Avenue east of Centinela Avenue
23rd Street south of Ocean Park Boulevard
Additionally, based on the application of the City of Los Angeles` significance criteria to
City of Los Angeles segments for neighborhood traffic impacts, the following segment
would be impacted by the proposed project:
® Idaho Avenue east of Centinela Avenue
Therefore, the following mitigation measure is proposed:
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MM4.16 -11 In accordance with the L.A. CEQA Thresholds Guide and in
consultation with LADOT, one of the following traffic calming measures shall be
installed on Idaho Avenue east of Centinela Avenue and a Neighborhood Traffic
Management Program shall be prepared.
• Speed humps
• Signalized mid -block pedestrian crosswalks
• Traffic signal timing modifications
• Additional stop signs
• Speed limit reductions
• Diverters or semi - diverters
• Cul -de -sac or street closure
• Chokers or narrowing of street widths
• Turn restrictions
Implementation of MM4.16 -11 would reduce impacts on the segment of Idaho Avenue
based on the City of Los Angeles criteria to a less- than - significant level; however;, since
this street is owned and controlled by the City of Los Angeles, the proposed mitigation
measure must be approved by the LADOT, which cannot be guaranteed. For street
segments within the City of Santa Monica, short of full closure of these affected street
segments (which would not be acceptable since these streets serve adjacent land uses
and carry vehicles that would then need to shift to other nearby streets), no feasible
mitigation is available to reduce impacts the number of potential project- related vehicle
trips on the impacted street segments within the City of Santa Monica based on the City of
Santa Monica Criteria to a less- than - significant level (less than one trip per day).
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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 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. The EIR
identified Alternative 4 as the environmentally superior alternative. Consistent with Article
VI, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15091, 1.5092,
and 15093 of the State of California CEQA Guidelines, and as detailed in Final EIR
Chapter 5.0, the City Council finds that the No Project/No Development Alternative
(Alternative 1) would not achieve any of the project objectives and would not be
considered a feasible alternative that would be implemented by the applicant. Based on
the other project alternatives, the No Project/Reasonable Foreseeable Alternative
(Alternative 2) would result in the least amount of development and would eliminate most
significant impacts; however, none of the objectives of the proposed project or goals of the
LUCE would be achieved. The No Project/Reasonable Foreseeable Alternative would, be
inconsistent with Bergamot Area Plan policies (e.g. LU19.2, UF1.1, UF1.2, UF1.5, and
UF4.1) to include a mix of uses or circulation improvements that would support the future
Bergamot LRT station nor would it encourage the use of alternative transportation
ultimately reducing the amount of vehicle miles traveled in the City and improving air
quality and traffic conditions in the City. As explained below, the EIR identified Alternative
4 as the environmentally superior alternative although it is not a feasible alternative.
Based on a financial feasibility analysis, Alternative 4 would not be considered
economically feasible based on conventional real estate metrics although the same
conclusion was drawn for the proposed project. As a result, it is possible that the
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applicant could proceed with Alternative 4 since it results in a developer profit margin
that is greater than the proposed project. In determining the feasibility of alternatives,
the issue is considered at two distinct points in the administrative review process: first
in the EIR and next, by the decision maker during project approval [see California
Native Plant Soc. V. City of Santa Cruz (2009) 177 Cal.App.4th 957]. Courts have given
decision - making bodies discretion in evaluating whether the alternatives are actually
feasible. At project approval, the agency considers whether specific economic, legal,
social, technological, or other considerations make infeasible the mitigation measures or
alternatives identified in the EIR. Thus, broader considerations of policy come into play
when the decision - making body is considering actual feasibility than when the EIR
preparer is first assessing the potential feasibility of the alternatives.
Alternative 4 has a mix of 73% commercial and 27% residential, which is inconsistent
with the LUCE land use target for the Bergamot area of 60% commercial and 40%
residential. The Bergamot Area Plan further supported this,goal with Policy LU1.3 that
establishes the same land use target although this target is intended to only apply on a
district -wide basis. The project site is one of the largest in the Bergamot Transit Village
district at approximately 7 acres, representing roughly a fifth of the district's land area.
In addition, the proposed project is the only pending development application in the
Bergamot Transit Village zoning district and is the only unoccupied property in the
district, making it reasonable to assume that it is the property most likely to redevelop.
If the land use mix of the project were to be significantly changed from the proposed
55% commercial and 45% residential, the district -wide land use target established by
the LUCE and Bergamot Area Plan could be impeded. Alternative 4 also includes
approximately 55,000 more square feet of creative office space than the proposed
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project. After the publication of the Draft EIR, the applicant elected to pursue a project
substantially similar to Alternative 3 in response to direction from the City Council to
explore project alternatives that included more housing. Changing the proposed project
at this juncture to be substantially similar to Alternative 4 would be inconsistent with the
policy direction previously given by the City Council for the proposed project. Therefore,
based on the above, the City Council disagrees with the conclusion of the EIR that
Alternative 4 is a feasible alternative and rejects it as undesirable and infeasible from a
policy standpoint.
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 project 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 aesthetics, air quality (construction and
operation), 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
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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:
® a $200,000 annual contribution to childcare, education, and youth training
subsidies
® a $2,000,000 contribution for parks that can be used for the Buffer Park located
on Exposition Boulevard or other open space improvements within a one -mile
radius of the project site
• approximately two acres of on -site open space with a construction value of
$4.7M
• a $160,000 contribution towards public transit improvements
® a $3M total contribution towards the ongoing funding needs of a Transportation
Management Organization and bikeshare, including on -site office space for the
TMO
• $350,000 total contribution towards historical and cultural heritage initiatives in
underserved communities with priority for the Pico Neighborhood
• Six new street and sidewalk easements totaling approximately two acres with
construction value of $17M
® Commitment to local hiring best practices including advanced recruitment,
commitment to interview qualified candidates, and a 30% local hiring goal
• Six student internships per calendar year
• Striving for net zero water and energy use for the project
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® Up to 93 units of on -site affordable and workforce housing covering a broad
spectrum of unit size and affordability between 30% and 180% AMI
SECTION 8. Consistent with Public Resources Code Section 21081.6, the City
Council adopts the Mitigation Monitoring and Reporting Program, which is included as
Chapter 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(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.
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.
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Adopted and approved this 4th day of February, 2014.
L
am O'Connor, Mayor
i, Sarah P. Gorman, City Clerk of the Cit of Santa Monica, do hereby certify that
the foregoing Resolution No. 10798 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 4th day of February, 2014, by the following vote:
AYES: Councilmembers: Davis, Holbrook,
Mayor Pro Tem O'Day, Mayor O'Connor
NOES: Councilmember: McKeown, Vazquez, Winterer
ABSENT: Councilmember: None
ATTEST:
`SL -&(A- P �---
Sarah P. Gorman, City Clerk