R10822RESOLUTION NO. 10822
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA MAKING FINDINGS
NECESSARY TO APPROVE THE 1402 SANTA MONICA BLVD AUTOMOBILE
DEALERSHIP PROJECT,
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION,
AND MITIGATION MONITORING PLAN
WHEREAS, a Draft Environmental Impact Report was prepared in January 2014
and a Final Environmental Impact Report (Final EIR) was prepared in May 2014 which
analyzes the environmental effects of the1402 Santa Monica Boulevard Automobile
Dealership 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 July 8, 2014, 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,
Cultural Resources, Geology /Soils, Hydrology/Water Quality, Mineral Resources,
Population /Housing, Public Services, Recreation, and Utilities /Service Systems.
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SECTION 2. Consistent with Article VI, Section 12 of the City of Santa Monica
CEQA Guidelines and Section 15091 and 15092 of the State CEQA Guidelines, and as
detailed in the Final EIR, the City Council finds that impacts would be less than significant
without mitigation for air quality, greenhouse gas emissions, land use, neighborhood
effects, noise (operational), shadows, and transportation /traffic (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 related to aesthetics. 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 aesthetic impacts to below levels of significance:
MM A -1 The damaged Bronze Loquat tree removed on Santa Monica Boulevard
shall be replaced by the project applicant on a 2:1 basis at minimum. Replacement
trees shall consist of a minimum of 36 -inch box trees. The street trees shall be
planted within the public right -of -way. The trees shall be planted in accordance
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with the requirements of the Urban Forest Master Plan, guaranteed for 2 years, and
under the guidance of the City of Santa Monica's Urban Forester.
(b) The Final EIR determined that without mitigation the proposed project could
result in significant adverse impacts to cultural resources. 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 cultural resources impacts to below levels of significance:
MM IS -2 If archaeological materials are discovered during project grading and
excavation activities, all work within a 100 -meter radius shall be temporarily ceased.
The materials shall be treated in accordance with Federal, State, and local
guidelines, including those set forth in California Public Resources Code Section
21083.2. In addition, if it determined that an archaeological site is a historical
resource, the provision of Section 21084.1 of the Public Resources Code and
CEQA Guidelines Section 15064.5 would be implemented.
MM IS -3 If paleontological materials are discovered during project grading and
excavation activities, all work within a 100 -meter radius shall be temporarily ceased.
A qualified paleontologist shall be secured by contacting the Los Angeles County
Natural History Museum to assess the resources and evaluate the impact. The
qualified paleontologist shall prepare a report of the findings and a copy of the
report shall be submitted to the Los Angeles County Natural History Museum.
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(c) The Final EIR determined that without mitigation the proposed project could
result in significant adverse impacts related to hazards /hazardous materials. Consistent
with Article VI, Section 12 of the City CEQA Guidelines and Section 15091 and 15092 of
the State of California CEQA Guidelines and as detailed in 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 E -1 Prior to approval of the first grading permit, the project applicant shall
submit a soils management plan and a transportation plan to the appropriate
cleanup agency (e.g., Los Angeles Regional Water Quality Control Board,
Department of Toxic Substances Control, Santa Monica Fire Department) for
review and approval. The soils management plan and transportation plan shall
include the following tasks:
Soils Management Plan
Affected soils shall be either directly loaded into awaiting trucks for
immediate offsite disposal or temporarily stockpiled on plastic sheeting prior to load -
out and offsite disposal. If temporarily stockpiled, soil removed from the excavations
shall be placed next to or as close as possible to the excavation from which it
came.
Prior to load -out, the construction contractor shall prepare waste profiles and
example waste manifests for approval by the receiving facilities. Soil and material
segregation, stockpile handling, truck loading, and stormwater management
practices shall be followed during the remedial action according to the following.
Soil and Material Segregation
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Overburden soils shall be screened with an organic vapor analyzer (OVA) in
accordance with SCAQMD Rule 1166. Any significant quantities of construction
debris encountered during excavation shall be segregated and disposed of in
accordance with federal, state, and local regulations. Soil cuttings during the
installation of soldier piles shall be disposed of offsite with any affected soils from
the deep excavation.
Stockpile Management
The stockpiled soils for load -out shall be segregated by waste classification:
Nonhazardous waste.
VOC- contaminated nonhazardous waste with OVA readings greater than 50
ppm but less than 1,000 ppm.
VOC- contaminated nonhazardous waste with OVA readings of 1,000 ppm or
greater. These soils shall be immediately sprayed with water or suppressant and
placed in a sealed container (roll -off bin) or directly loaded into a suitable transport
truck, moistened with water, and covered with a tarp for offsite transportation to the
appropriate disposal facility, as specified in the SCAQMD Rule 1166 Mitigation
Plan.
The temporary stockpiles containing affected soils shall be managed as
follows:
® The temporary stockpiles for non -VOC contaminants shall be placed on
plastic sheeting and kept moist during working hours and covered with plastic
sheeting at the end of the day to control dust.
The VOC- contaminated stockpiles shall be placed on plastic sheeting and
immediately covered with plastic sheeting. The edges of the plastic shall have an
overlap of at least 24 inches. The plastic shall be secured at the base of the
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stockpile and along the seams of overlapping plastic sheeting with sandbags or
equivalent means. The stockpiles shall remain covered until load -out.
• Daily inspections of the stockpiles shall be conducted to verify the integrity of
the stockpile covers. Any gaps, tears, or other deficiencies shall be corrected
immediately. Daily records shall be kept of stockpile inspections and any repairs
made.
• If necessary, commercial vapor suppressants and sealants shall be
prepared and applied to VOC- contaminated soil in accordance with the
manufacturer's recommendations.
• During stockpile generation and removal, only the working face of the
stockpile shall be uncovered.
Decontamination Methods and Procedures
Each piece of equipment used for the excavation of affected soils shall have
a clean -out bucket or continuous edge across the cutting face of its bucket. No
excavation of affected soil shall be permitted with equipment utilizing teeth across
the cutting edge of its bucket.
Entry to the contaminated areas (i.e., work exclusion zones) shall be limited
to avoid unnecessary exposure and related transfer of contaminants. In
unavoidable circumstances, any equipment or truck(s) that come into direct contact
with affected soil shall be decontaminated to prevent the onsite and offsite
distribution of contaminated soil. The decontamination shall be conducted within a
designated area by brushing off equipment surfaces onto plastic sheeting. Trucks
shall be visually inspected before leaving the site, and any dirt adhering to the
exterior surfaces shall be brushed off and collected on plastic sheeting. The storage
bins or beds of the trucks shall be inspected to ensure the loads are properly
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covered and secured. Excavation equipment surfaces shall also be brushed off
prior to removing the equipment from contaminated areas.
Movement of affected soils from the excavation area to temporary stockpiles
shall be conducted using enclosed transfer trucks, if possible. If affected soils must
be moved within an open receptacle (e.g., loader bucket), the travel path for the
loader shall be scraped following this activity, with scraped soils placed in the
temporary stockpile for load -out.
Sampling equipment that comes into direct contact with potentially
contaminated soil or water shall be decontaminated to assure the quality of
samples collected and /or to avoid cross - contamination. Disposable sampling
equipment intended for one -time use shall not be decontaminated, but shall be
packaged for appropriate offsite disposal. Decontamination shall occur prior to and
after each designated use of a piece of sampling equipment, using the following
procedures:
• Nonphosphate detergent and tap -water wash, using a brush if necessary
• Tap -water rinse
• Initial deionized /distilled water rinse
• Final deionized /distilled water rinse
Truck Loading
Trucks may be loaded directly from the excavation or temporary stockpile
based on truck availability and excavation logistics. Trucks shall be routed and
stockpile areas shall be located so as to avoid having trucks pass through impacted
areas. The truckloads shall be wetted and tarped prior to exiting the site. All soil
hauled from the site shall comply with the following:
• Materials shall be transported to an approved treatment/disposal facility.
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® No excavated material shall extend above the sides or rear of the
truck/trailer.
Trucks /trailers carrying affected soils shall be completely tarped /covered to
prevent particulate emissions to the atmosphere. Prior to covering /tarping, the
surface of the loaded soil shall be moistened.
The exterior of the trucks /trailers shall be cleaned off prior to leaving the site
to eliminate tracking of material offsite.
Stormwater Management
The good housekeeping practices prescribed in the City's Urban Runoff
Mitigation Plan (Municipal Code Section 7.10.060) shall be implemented during soil
excavation activities to contain and control stormwater runoff that might convey
contaminated or excessive sediments. If rainfall is expected, the areas around open
excavations shall be graded and bermed to prevent stormwater from flowing into
the excavation. Any standing water that collects in the bottom of the excavations
shall be removed and handled in accordance with federal, state, and local
regulations. The water shall be sampled and analyzed either as standing water in
the excavation or following containment in a temporary aboveground storage tank.
Depending on the volume of water and the sampling results, options for handling
the standing water could include:
6 Pumping the standing water into temporary aboveground storage tanks for
reuse onsite for dust suppression.
® Pumping the standing water through filters and a carbon adsorption filter (if
required based on analytical results) prior to discharge to a storm drain, subject to
approval by the City of Santa Monica Water Resources Protection Programs
Division.
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• Pumping the standing water into vacuum trucks for transport and disposal at
a recycling facility
Transportation Plan
All affected soils shall be transported offsite for lawful management and disposal.
Prior to load -out, the construction contractor shall prepare waste profiles for the
receiving facility using analytical data from the previous environmental site
assessment.
(d) 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 N -1 The project construction contractors shall ensure that equipment is
properly maintained per the manufacturers' specifications and fitted with the best
available noise suppression devices (i.e., mufflers, silencers, wraps, etc).
MM H -2 The project construction contractors shall shroud or shield all impact
tools, and muffle or shield all intake and exhaust ports on power equipment.
MM H -3 The project construction contractors shall ensure that construction
equipment does not idle for extended periods of time.
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MM H-4 The project construction contractors shall locate fixed and /or stationary
equipment as far as possible from noise - sensitive receptors (e.g., generators,
compressors, cement mixers).
MM H -5 Prior to the issuance of a building permit, the construction contractors
shall submit a list of equipment and activities required during construction. In
particular, this list shall include the following:
® Construction equipment to be used, such as pile drivers, jackhammers,
pavement breakers or similar equipment;
® Construction activities such as twenty -four hour pumping, excavation or
demolition
e A list of all measures that will be implemented to minimize noise impacts on
nearby residential uses.
MM H -6 Construction activities that will exceed 80 dBA Leq shall be limited to the
hours of 10:00 a.m. to 3:00 p.m. Monday through Friday.
MM H -7 Two weeks prior to the commencement of construction at the project site,
notification shall be provided to the owners and tenants of residential properties
located within 500 feet of the project site disclosing the planned construction
schedule, including the various types of activities and equipment that would be
occurring throughout the duration of the construction period. This notification shall
also provide a contact name and phone number for residents to call for construction
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noise related complaints. All reasonable concerns shall be rectified within 24 hours
of receipt.
(d) 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 mitigation measure C -1 is 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 C -1 The applicant shall prepare, implement and maintain a Construction
Impact Mitigation Plan prior to issuance of a building permit to adequately manage
traffic during construction and shall be designed to:
• Prevent traffic impacts on the surrounding roadway network
• 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
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 traffic control plan for work zones shall be maintained. At a
minimum, this shall include: parking and travel lane configurations; warning,
regulatory, guide and directional signage; and area sidewalks, bicycle lanes
and parking lanes. The plan shall include specific information regarding the
project's construction activities that may disrupt normal pedestrian and traffic
flow and he 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.
• 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
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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 pubic of impending construction
activities (e.g., information signs, portable message signs, media
listing /notification, or 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 (if necessary) requiring encroachment into pubic rights -of -way,
detours or any other work within the pubic right -of -way.
The applicant shall provide timely notification of construction schedules to all
affected agencies (e.g., Big Blue Bus, Metro (MTA), 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.
® 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.
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SECTION 4. Consistent with Article IV, Section 12 of the City of Santa Monica CEQA
Guidelines and Section 15091, 15092, and 15093 of the State of California CEQA
Guidelines, the City Council finds that a significant adverse environmental effect in the
area of construction- related vibration cannot feasibly be avoided or mitigated to below a
level of significance. Nevertheless, this impact is found to be acceptable due to overriding
considerations as discussed in Section 6.
(a) The Final EIR determined that the proposed project would result in a
significant adverse impact to construction - related vibration. Consistent with Article VI,
Section 12 of the City of Santa Monica CEQA Guidelines, and as detailed in the Final EIR
in Section 4.3, 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. The primary means to reduce construction
vibration is to increase the distance between the equipment that generates the vibration
and the sensitive receptor. This measure was deemed infeasible as construction activity
(e.g., excavation) must occur up to the property line. Another potential mitigation measure
is the use of trenching; however, this option is infeasible because the project's building
envelopes extend to the property line. Therefore, impacts to residential sensitive receptors
associated with construction vibration would be significant and unavoidable.
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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 no- project alternative would
not be feasible since it would not satisfy any of the project objectives. The CEQA
Guidelines also require that if the environmentally superior alternative is the No Project
alternative, that the EIR also identify an environmentally superior alternative among the
other alternatives. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA
Guidelines and Section 15091, 15092, and 15093 of the State of California CEQA
Guidelines, and as detailed in Final EIR Chapter VI, the City Council finds that, based on
the other project alternatives, the Reduced Project Alternative is the environmentally
superior alternative as it would have reduced impacts than the proposed project with
respect to light/glare, air quality, construction effects, land use, noise, hazardous materials,
greenhouse gases, shadows, and traffic. However, this alternative would not be feasible
since it would not achieve the applicant's project objectives to the same degree as the
proposed project, due to the elimination of service facilities under this alternative.
Moreover, this alternative, as with Alternative 4, would not avoid the significant and
unavoidable impact related to construction vibration.
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
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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 impact in the area of construction - related vibration. Consistent with
Article VI, Section 13 of the City CEQA Guidelines and Section 15093 of the State of
California CEQA Guidelines, the City Council hereby makes a Statement of Overriding
Considerations and finds that the benefits of the project outweigh its unavoidable
environmental impacts based on the reasons stated below. The benefits identified are
each one, in and of themselves, sufficient to make a determination that the adverse
environmental effects are acceptable.
The applicant will provide the following project and community benefits required by Article
2.6.2 of the Development Agreement, which is incorporated herein by reference:
® Local Hiring
® Internship Program
® Historic Preservation Contribution
® Cafe Open to the Public
® Widened Sidewalk
® Photovoltaic Panels
® Loading and Unloading Regulations
® Electric Vehicle Charging
® Transportation Impact Contribution
® LEED® Platinum Certification
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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 XIV 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 Russell
Bunim, 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:
M S}iA 'ES MOUT E
Ci ,3 or ey
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Adopted and approved this 8th day of July, 2014.
r ,
Pam O'Connor, Mayor
I, Sarah P. Gorman, City Clerk of the Cit of Santa Monica, do hereby certify that
the foregoing Resolution No. 10822 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 8th day of July, 2014, by the following vote:
AYES: Councilmembers: Davis, Holbrook, McKeown, Vazquez, Winterer
Mayor O'Connor, Mayor Pro Tern O'Day
NOES: Councilmember: None
ABSENT: Councilmember: None
ATTEST:
`� ",AEI
Sarah P. Gorman, tity Clerk