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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. eff45 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 eff45 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. eff45 (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 eff45 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 045 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 eff45 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. eff45 ® 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. eff45 • 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. eff45 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 eff45 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: eff45 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 eff45 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. eff45 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. 045 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 eff45 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 eff45 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 045 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