R10955City Council Meeting: 5-10-2016 Santa Monica, California
RESOLUTION NO. 100 155
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA MAKING FINDINGS
NECESSARY TO APPROVE THE 500 BROADWAY EIR PROJECT,
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION,
AND MITIGATION MONITORING PLAN
WHEREAS, a Draft Environmental Impact Report was published on September 28,
2015 and a Final Environmental Impact Report (Final EIR) was published on February 24,
2016 which analyzes the environmental effects of the 500 Broadway Mixed -Use Project;
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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, subsequent to publication of the Draft EIR, the project applicant
indicated their intent to pursue a project substantially similar to Alternative 4 that was
described and analyzed in the Draft EIR; and
WHEREAS, on May 10, 2016, 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
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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, HydrologyNVater
Quality, and Mineral Resources.
SECTION 2. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA
Guidelines and Section 95091 and 15092 of the State CEQA Guidelines, and as detailed in
the Final EIR, the City Council finds that impacts would be less than significant without
mitigation for aesthetics, air quality, greenhouse gas emissions, land use/planning,
population/housing/employment, and noise (operational).
SECTION 3. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA
Guidelines and Sections 15091 and 15092 of the State of California CEQA Guidelines, the
City Council finds that most impacts resulting from the 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 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:
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MM -CR -1a Archaeological Construction Monitoring. Archaeological
monitoring shall be conducted by a qualified professional archaeologist familiar with
the types of prehistoric and historical archaeological resources that could be
encountered within the project site. An approved Native American monitors) shall be
present for all ground disturbing activities that involve excavation of previously
undisturbed soil. A monitoring program shall be developed and implemented prior to
the commencement of construction activities to ensure the effectiveness of
monitoring.
CR -1 b Inadvertent Discoveries: In the event of any inadvertent discovery of
prehistoric or historic -period archaeological resources during construction, the
applicant shall immediately cease all work within 50 feet of the discovery. The
applicant shall immediately notify the City of Santa Monica Planning and Community
Development Department and shall retain a Registered Professional Archaeologist
(RPA) to evaluate the significance of the discovery prior to resuming any activities
that could impact the site. This investigation must be driven by a Treatment Plan that
sets forth explicit criteria for evaluating the significance of resources discovered
during construction and identifies appropriate data recovery methods and procedures
to mitigate project effects on significant resources. The Treatment Pian shall be
prepared prior further excavation or site investigation following discovery by a
Registered Professional Archaeologist who is familiar with both historical resources
and prehistoric archaeological resources. The Treatment Plan shall also provide for
a final technical report on all cultural resource studies and for the curation of artifacts
and other recovered remains at a qualified curation facility, to be funded by the
applicant. If the archaeologist determines that the find may qualify for listing in the
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California Register, the site shall be avoided or a data recovery plan shall be
developed. Any required testing or data recovery shall be directed by a Registered
Professional Archaeologist prior to construction being resumed in the affected area.
Work shall not resume until authorization is received from the City.
MM -CR -2a Paleontological Construction Monitoring. Construction activities
involving excavation or other soil disturbance shall be required to retain a qualified
Paleontological Monitor as defined by the Society for Vertebrate Paleontology (2010)
equipped with necessary tools and supplies to monitor all excavation, trenching, or
other ground disturbance below 3 feet which corresponds to average artificial fill on
site. Monitoring will entail the visual inspection of excavated or graded areas and
trench sidewalls. In the event that a paleontological resource is discovered, the
monitor will have the authority to temporarily divert the construction equipment
around the find until it is assessed for scientific significance and collected if
necessary.
The Paleontological Monitor will periodically assess monitoring results in consultation
with the Principal Paleontologist. If no (or few) significant fossils have been exposed
the Principal Paleontologist may determine that full time monitoring is no long
necessary, and periodic spot checks or no further monitoring may be recommended.
The City shall review and approve all such recommendations prior to their adoption
and implementation.
MM -CR -2b Fossil Preparation and Curation Requirements. If paleontological
resources are uncovered, all significant fossils collected will be prepared in a properly
equipped paleontology laboratory to a point ready for curation. Preparation will
include the careful removal of excess matrix from fossil materials and stabilizing and
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repairing specimens, as necessary. Any fossils encountered and recovered shall be
prepared to the point of identification and catalogued before they are donated to their
final repository. Following laboratory work, all fossils specimens will be identified to
the lowest taxonomic level, cataloged, analyzed, and delivered to an accredited
museum repository for permanent curation and storage. Any fossils collected shall
be donated to a public, non-profit institution with a research interest in the materials,
such as the Natural History Museum of Los Angeles County. Accompanying notes,
maps, and photographs shall also be filed at the repository. The cost of curation is
assessed by the repository and is the responsibility of the project owner. At the
conclusion of laboratory work and museum curation, a final report will be prepared
describing the results of the paleontological mitigation monitoring efforts associated
with the project. The report will include a summary of the field and laboratory
methods, an overview of the geology and paleontology in the project vicinity, a list of
taxa recovered (if any), an analysis of fossils recovered (if any) and their scientific
significance, and recommendations. If the monitoring efforts produced fossils, then a
copy of the report will also be submitted to the designated museum repository
(b) The Final EIR determined that without mitigation the 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 thatthe 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:
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The means and methods of installation, design, and implementation of the shoring
system shall be the responsibility of a licensed shoring engineer and general
contractor who shall satisfy the requirements of City of Santa Monica Building &
Safety and Public Works officials as well as applicable cedes and laws. It is the
responsibility of the applicant to find and secure the services of such an engineer
prior to the plan check by the Planning and Development Department so that shoring
plans can be reviewed with the rest of the construction plans. Approval of all plans
would culminate in the issuance of a Building and Construction Permit by the
Planning and Development Department. Appropriate contact information for the
applicant and shoring contractor(s) should be available to the City in the event they
need to be contacted.
Whenever excavation is made adjacent to existing streets, utilities, and structures,
there is the potential for movement of these structures and underlying soils. The
existing structures should be inspected and documented to preclude claims for
damage or settlement that are not associated with the construction of the planned
development. A monitoring program should be established so excessive movement
is detected early. The monitoring program should include visual/optical surveying of
the shoring and adjacent streets and buildings to detect any horizontal or vertical
movement. The preliminary inspection of existing structures and the monitoring
implementation plan should be should be completed by the applicant's designated
contractor for concurrent review with construction plans.
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control the potential for liquefaction where potentially expansive soils are
encountered at excavated depths below 40 feet, the applicant shall employ measures
to control subsurface and surface drainage from the site, and reinforce footings and
slabs during excavation and construction of subterranean structures, consistent with
the City of Santa Monica Building Code requirements. These measures may include
dewatering and shall remain in place from excavation through foundation
construction phases. The preliminary inspection of existing structures and the
monitoring implementation plan should be should be completed by the applicant's
designated contractor for concurrent review with construction plans.
(c) The Final EIR determined that without mitigation the 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 reduce the project's
impacts related to hazards/hazardous materials to below levels of significance:
MM -1 a Lead-based Paint and Asbestos Surveys. Prior to the issuance of a
demolition permit, the contractor shall conduct a comprehensive survey of lead
based paint (LBP) and asbestos containing materials (ACM). If such hazardous
materials are found to be present, the contractor shall follow all applicable local, state
and federal regulations, as well as best management practices related to the
treatment, handling, and disposal of LBP and ACM.
MM H -1 b Hazardous Materials Contingency Plan. Prior to the issuance of a
demolition permit, the project shall have a contingency plan to be implemented in the
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event that contaminants or structural features that could be associated with
contaminants or hazardous materials are suspected or discovered, including the
presence of discovered underground storage tanks or onsite wastewater treatment
systems. The contingency plan shall stipulate that if contaminants or buried
equipment are found or suspected, work around the area shall temporarily cease and
appropriate measures shall be undertaken. The contingency plan shall include a
provision stating at what point it is safe to continue with the excavation or demolition,
and identify the person and/or agency authorized to make that determination. The
contingency plan shall be reviewed and approved by the City's Office of Sustainability
or the Santa Monica Fire Department, whichever applicable.
For off-site affordable_ housing development on 1626 Lincoln Boulevard site:
MM H -Alt. 4b Phase I Environmental Site Assessment (Phase I ESA). Prior to
issuance of a demolition permit, the applicant shall prepare a Phase I ESA and
submit to the City Planning Department for review and approval.
Consistent with local, state and federal regulations, the Phase I ESA shall be subject
to City review and address the following:
a. Asbestos -Containing Materials (ACM), Lead -Based Paints (LBF),
Polychlorinated Biphenyls (PCBs), and Molds. Prior to any the issuance of a
demolition permit, the applicant shall conduct a comprehensive survey of
ACM, L13P, PCBs, and molds. If such hazardous materials are found to be
present, the applicant shall follow all applicable local, state and federal codes
and regulations, as well as applicable best management practices, related to
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the treatment, handling, ' and disposal of ACM, LSP, PCBs, and molds to
ensure public safety.
b. Potential Onsite Hazardous Materials or Conditions. A visual survey and
reconnaissance -level investigation of the existing site shall be conducted to
determine if there are any structures or features within or near the buildings
that are used to store, contain, or dispose of hazardous materials. For any
development within the Downtown area that has not been subject to a Phase
ESA or successful remediation efforts in the past, a Phase I ESA shall be
performed to determine the likelihood of contaminants in areas beyond what
has already been assessed in accordance with EPA ASTM Practice E 1527-
05 as may be amended. If the Phase I ESA finds that contaminated soil is
suspected to be present within any building excavation footprint or open space
area, the applicant shall perform soil sampling and analysis to determine the
extent of contamination. If contaminants are detected in soil at or above
regulatory levels, then the results of the soil sampling shall be reviewed and
acted upon by the Santa Monica Fire Department (SMFD) or the Community
Development Department and other regional or state regulatory agencies as
needed.
c. Environmental Database Search. A hazardous materials database search
shall be conducted for the project site, which includes a review of any list of
facilities and sites compiled pursuant to Section 65962.5 of the Government
MM H - Alt. 4c Remediation Plan: For sites with identified soil and/or groundwater
contamination at or above regulatory levels, prior to the issuance of grading permits
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for any development site within the Downtown area, it shall be the responsibility of
the applicant to conduct and conclude all investigation and/or remediation activities
under the oversight of the applicable regulatory agency (e.g., Santa Monica Fire
Department, State Department of Toxic Substances Control, State Water Resources
Control Board). Remediation activities may include, but are not limited to, soil
removal, transport, and replacement, groundwater treatment, removal of
contaminated materials, and capping contamination. Remediation shall be
accomplished in accordance with the requirements of the appropriate oversight
agency. No project construction shall occur in the affected area until case closure
reports have been approved by the appropriate oversight agency.
(d) The Final EIR determined that without mitigation the project could result in
significant adverse impacts with respect to noise. 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
measure is required for the project that will reduce the project's noise impacts to below levels
of significance:
MM NOI-1 Construction Noise Management Pian. A Construction Noise
Management Plan shall be prepared by the applicant and approved by the City. The
Flan would address noise and vibration impacts and outline measures that would be
used to reduce impacts. Measures would include.-
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nclude:
® To the extent that they exceed applicable construction noise limits, excavation,
foundation -laying, and conditioning activities shall be restricted to between the
hours of 10:00 a.m. and 3:00 p.m., Monday through Friday, in accordance with
Section 4.12.110(d) of the Santa Monica Municipal Code.
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® 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:
o The applicant and its contractors and subcontractors shall ensure that
construction equipment is properly muffled according to manufactures
specifications or as required by the City's Department of Building and
Safety, whichever is the more stringent.
o The applicant and its contractors and subcontractors shall place noise -
generating construction equipment and locate construction staging areas
away from sensitive uses, where feasible, to the satisfaction of the
Department of Building and Safety.
o The applicant and its contractors and subcontractors shall implement
noise attenuation measures which may include, but are not limited to,
noise barriers or noise blankets to the satisfaction of the City's Department
of Building and Safety.
• The applicant's contracts with its construction contractors and subcontractors
shall include the requirement that construction staging areas, construction worker
parking and the operation of earthmoving equipment within the project 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.
® The applicant shall require by contract specifications that heavily loaded trucks
used during construction shall be routed away from residential streets to the
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extent possible. Contract specifications shall be included in the project's
construction documents, which shall be reviewed by the City prior to issuance of
a grading permit.
(e) The Final EIR determined that without mitigation the project could result in
significant adverse impacts related to public services. 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 thatthe following mitigation
measures have been required for the project that will reduce the project's impacts related to
public services to below levels of significance:
MM PS -1 High-rise Pre -fire Pian. At a minimum, the pre -fire plan shall address the
types and capabilities of fire protection systems, the layout of the building, locations
of stairwells and elevators, and how evacuation will be handled. The plan shall be
approved and reviewed by the SMF® prior to issuance of a building permit. A copy
of the plan shall be kept in the fire control room and a copy shall be filed with the
SMF® fire marshal. The plan shall be revised every 5 years and submitted to the
SMF® for review and approval.
MM PS -2 Security Plan. The applicant shall prepare and implement a security plan
for common and public spaces, including parking structures/lots, courtyards, other
open areas, and public or common area walkways, stairways, and elevators. The
security plan will identify feasible crime prevention features (such as security
cameras), identify the locations of 911 -capable phones in parking garages and other
public areas, establish rules and regulations for public use of courtyard areas, and
establish, private security patrols for the property. Private security patrols shall work
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in coordination with the Santa (Monica Police Department. The security plan shall be
subject to review and approval by the Santa Monica Police Department prior to
issuance of Certificates of Occupancy.
(f) The Final EIR determined that without mitigation the project could result in
significant adverse impacts related to construction -related transportation/traffic effects.
Consistent with Article Vl, Section 12 of the City CEQA Guidelines and Section 15091 and
15092 of the State of California CEQA Guidelines and as detailed in the Final EIR, the City
Council finds that the following mitigation measures have been required for the project that
will avoid or reduce most of the project's impacts related to construction -related
transportation/traffic effects to below levels of significance:
MM Tel Construction Impact Mitigation Plan. 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 and manage traffic during
construction and shall be designed to:
® Prevent traffic impacts on the surrounding roadway network
® Minimize parking impacts both to public parking and access to private parking to
the greatest extent practicable
® Ensure safety for both those constructing the project and the surrounding
community
® Prevent substantial truck traffic through residential neighborhoods
61 Provide for coordination with adjacent or nearby construction projects
The Construction Impact Mitigation Plan shall be subject to review and approval by
the following City departments: Public Works, Fire, Planning and Community Development,
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and Police to ensure that the Plan has been designed in accordance with this mitigation
measure and meets City standards. This review shall occur prior to issuance of grading or
building permits. It shall, at a minimum, include the following:
Ongoing Reguirements throughout the Duration of Construction
o 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 ANI 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.
a An applicant -funded on-site monitor shall be present to ensure safety when Metro
workers are in the immediate vicinity, or when more dangerous activities are
occurring (e.g., raising of heavy equipment to roof levels). The Plan shall identify
the activities that would prompt the presence of an on-site monitor.
® Streets and equipment shall be cleaned in accordance with established Public
Works Department requirements.
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® 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.
o 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
® 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.
0 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 Construction Impact Mitigation Plan).
® The applicant shall obtain a Use of Public Property Permit, Excavation Permit,
Sewer Permit, or Oversize Load Permit, as well as any Caltrans permits required,
for any construction work requiring encroachment into public rights-of-way,
detours, or any other work within the public right-of-way.
® The applicant shall provide timely notification of construction schedules to all
affected agencies (e.g., MTA, Big Blue Bus, Police Department, Fire Department,
Public Works Department, and Planning and Community Development
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Department) and to all owners and residential and commercial tenants of property
within a radius of 500 feet.
® The applicant shall coordinate construction work with affected agencies in
advance of start of work. Approvals may take up to two weeks per each submittal.
Coordination with MTA regarding construction activities that may impact Metro
bus lines or result in closures lasting over six months shall be initiated at least 30
days in advance of construction activities.
® The applicant shall obtain Strategic and Transportation Planning Division
approval of any haul routes for earth, concrete, or construction materials and
equipment hauling.
(g) The Final EIR determined that without mitigation the project could result in
significant adverse impacts related to cumulative effects on utilities. 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 measure is required for the project that will avoid or reduce most of the
project's impacts related to cumulative effects on utilities:
MM U-1 Fair Share Contribution. If a City Sewer Master Plan is completed prior to
the issuance of the last building permit for the project, the project applicant shall
provide a fair share contribution (based the methodology in the City's Sewer Master
Plan) to the City's Capital Improvements Program or any Public Infrastructure
Financing Program (PIFP) required to upgrade sewer service to the site (i.e., Ocean/
Main corridor). A security shall be provided or a payment agreement executed prior
to issuance of the last building permit for the project.
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MM UT -Alt. 4d: Water Infrastructure Financing: Development of the project shall
be conditioned to be subject to payment of its fair share of any impact fees identified
for required upgrades to water main segments serving the development. The City of
Santa Monica Public Works Department shall determine the costs of capital
improvements to upgrade water delivery services as needed to serve the demands
of the project. The applicant shall pay development impact fees to ensure that
development pays its fair share of public infrastructure costs. Development impact
fees shall be apportioned to existing and projected demand on these facilities and
costs between existing users, the City and proposed future development prior to
issuance of building permit.
MM U-1 would require contribution of a fair share fee to mitigate the project's
contribution to cumulative wastewater impacts. However, it is unknown whether the City's
Sewer Master Plan will be completed prior to the issuance of the project's building permit.
Without this Plan, necessary upgrades to deficient sewer mains would not be identified or
funded. Therefore, this impact is conservatively concluded to be significant and unavoidable.
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 transportation/traffic (operation) and sewer (cumulative level) 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 0.
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(1) The Final EIR determined that the 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 E1R in Section 3.13, the City Council finds that the project would result
in traffic -related impacts that would exceed significance thresholds at four
intersections under Approval Year (2016) Plus Project conditions:
19 4th Street & the 1-10 Eastbound On -Damp (weekend midday peak
hour),
19 Lincoln Boulevard & Colorado Avenue (AM peak hour), and
Is Lincoln Boulevard & 1-10 Westbound Off-Ramp/Olympic
Boulevard (all peak hours).
Under Future Year (2025) Plus Project conditions, the project would result in
traffic -related impacts that would exceed significance thresholds at
13 Palisades Beach Road & the California Incline (all peak hours),
0 4th Street & the 1-10 Eastbound On -Ramp (weekend midday peak
hour),
Lincoln Boulevard & Santa Monica Boulevard (weekend midday
peak hour),
Lincoln Boulevard & Colorado Avenue (AM peak hour), and
® Lincoln Boulevard & I-10 Westbound Off-Ramp/Olympic Boulevard
(PM peak hour)
Furthermore, based on the number of additional trips generated by the offsite
affordable housing at 1626 Lincoln Boulevard and projected traffic conditions
during the Approval Year (2016) and Future Year (2025), impacts would be
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incrementally greater. The additional intersection that would be impacted
include:
R Ocean Avenue & Colorado Avenue (weekend midday peak for
Approval Year and Future Year conditions)
Furthermore, these intersection impacts would be incrementally greater:
19 4th Street & 1-10 Eastbound Off Ramp (PM peak hour for Approval
Year and Future Year conditions
19 Lincoln Boulevard & the I-10 Westbound Off -Ramp (AM peak hour
and weekend midday peak hour for Future Year conditions only).
Physical improvements were considered that could potentially reduce the
traffic impacts at the significantly impacted intersections under Approval Year
(2016) Plus Project and Future Year (2025) Plus Project conditions. However,
these improvements are considered infeasible for the reasons described
below:
Palisades Beach Road PCH & California Incline all peak hours
This intersection is impacted under both Approval Year (2016) Plus Project
and Future Year (2425) Plus Project conditions. This intersection is projected
to operate close to at its capacity during the AM, PM, and weekend midday
peak hours. It operates at LOS E or F under existing conditions. The critical
movement is the westbound right tura from California Incline to Palisades
Beach Road (PCH), which is especially heavy during the weekend midday
peak hour. A mitigation measure that would fully mitigate the project -related
impact at this location would be to provide an additional westbound lane on
the California Incline. Since April 2015, the California Incline has been
temporarily closed for seismic reconstruction. The new bridge will include a
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wider sidewalk and bicycle lanes. However, the number of lanes at each end
of the bridge will not change. The north and south ends of the bridge will
provide three lanes of vehicular travel due to limited right-of-way on Palisades
Beach Road (PCH). Further physical expansion of the California Incline is
limited by the constraint of the palisades bluff and the expense of adding
additional roadway space cantilevered over Palisades Beach Load (PCN);
widening of the newly improved structure could also displace pedestrian and
bicycle facilities. Therefore, the measure is deemed infeasible.
4th Street & /4 0 Freeway Eastbound ®n -Ramp (only weekend middaO
This intersection is impacted under both Approval Year (2016) Plus Project
and Future Year (2025) Plus Project conditions. This intersection exceeds its
capacity during the weekend midday peak hour under existing and projected
future conditions. The southbound left -turn movement and the northbound
right -turn movement experience the heaviest delays. The southbound left -turn
is currently served by dual left -turn lanes and a protected signal phase. With
two receiving lanes on the on-ramp, no further improvements to the
southbound approach appear feasible. Reconfiguring the northbound through
lane to be a shared through/right-turn lane, resulting in a left -turn lane, a
shared through/right-turn lane and a right -turn lane, would entail some
combination of new striping, signage, signal poles, mast arms, detectors,
and/or signal heads. To ensure pedestrian safety with the resultant dual right -
turn lanes, the existing crosswalk on the east leg of the intersection would
need to be removed. The pedestrian route would be shifted to the existing
crosswalks on the south and the west legs of the intersection and over the
existing sidewalk on the west side of the bridge and over the freeway to
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Colorado Avenue, eliminating a direct route between Downtown, transit,
Santa Monica High School, and area hotels. This mitigation measure was
considered infeasible due to the secondary impacts to important pedestrian
circulation routes and conflicts with adopted LUCE policies.
Lincoln Boulevard & Santa Monica Boulevard (weekend midday peak hour in
Future Year Scenario)
This intersection is impacted under Future Year (2025) Plus Project
conditions. The heavy westbound through traffic on Santa Monica Boulevard
carried in a single lane at this intersection contributes to the overall
intersection delay, particularly during the weekend midday peak hour.
Northbound right -turn volumes are also heavy at this intersection, and the lack
of a separate right turn lane contributes to overall delay. Mitigation measures
that would fully mitigate the project -related impact at this location would
require improvements such as widening the northbound approach to provide
a separate right -turn lane or reconfiguring the westbound right -turn lane to
provide a shared through/right-turn lane. Creating a separate northbound
right -turn lane would require right-of-way acquisition by the City and,
potentially, building acquisition and demolition in order to maintain the
pedestrian sidewalks and pedestrian crossing waiting areas in this area of
downtown. Reconfiguration of the westbound approach would entail the
removal of heavily -used on -street parking on the far side of the intersection.
Because of these secondary impacts, these potential mitigation measures are
deemed infeasible.
Lincoln Boulevard & Colorado Avenue (AM peak hour)
This intersection is impacted under both Approval Year (2015) Plus Project
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and Future Year (2025) Plus Project conditions. This intersection is projected
to operate at a poor level of service during the AM peak hour due in part to
the heavy vehicles on the northbound approach. This intersection will operate
with a "free running" (fully actuated, non -coordinated) signal timing plan to
accommodate the Expo LRT operation. This will affect the delay on
northbound approach. The addition of a separate northbound right -turn lane
and reconfiguration of the existing shared through/right-turn lane to a through
lane would potentially mitigate the project impact at this location. The
proposed mitigation measure would require right-of-way acquisition to
accommodate an additional travel lane and would increase pedestrian
conflicts. Because the effect on pedestrian facilities would conflict with LUCE
Policies TV and T6.1, and the acquisition of right of way (ROW) for road
widening would be inconsistent with the stated aims of the Circulation chapter
of the LUCE. Therefore, this mitigation measure is deemed infeasible.
Lincoln Boulevard & 1-10 Westbound Ramps/Olympic Boulevard (PM peak
hour
This intersection is impacted under both Approval Year (2016) Plus Project
and Future Year (2025) Plus Project conditions. This intersection operates
near capacity (LOS E or F) under each of analyzed peak hour due to high
volumes from the freeway Off -Ramp and on Lincoln Boulevard. A mitigation
measure that would fully mitigate the project -related impact at this location
would be to widen Lincoln Boulevard to provide an additional through lane on
the southbound approach, resulting in three through lanes and one shared
through/right-turn lane. This would require the modification of the southbound
configuration of two through lanes and one shared through/right turn lane.
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These lanes would be converted to three through lanes and one shared
through/right lane. This would require the removal of the pedestrian sidewalk
at the northwest corner of the intersection. In order to replace the sidewalk,
ROW acquisition and building demolition would be necessary. This measure
would also require widening an approximately 300 -foot long segment of the
Lincoln Boulevard bridge over 1-10 in order to create a southbound departure
lane to accommodate the additional southbound through lane. For reference,
the addition of 400 -foot long single lane over 1-10 at Overland Boulevard cost
$8.6 million according to the 2012 SCAG RTP. Because the widening of the
Lincoln Bridge over 1-10 would be beyond the financial capability of the
applicant and is not programmed, scheduled or funded as part of the RTP or
the City's adopted Capital Improvement Plan, this improvement is considered
infeasible. Further, these improvements would cause significant diminishment
of pedestrian facilities that would create substantial secondary impacts to
pedestrian mobility and which would be inconsistent with City policy, including
LUCE Policies T3.1 and T6.1. Therefore, this mitigation was deemed
infeasible.
Based on the above, transportation/traffic impacts would be significant and
unavoidable.
(2) The Final EIR determined that the project would result in significant adverse
cumulative impacts on sewers. Consistent with Article VI, Section 12 of the
City of Santa Monica CEQA Guidelines, and as detailed in Final EIR in Section
3.14, the City Council finds that the project would incrementally contribute
wastewater flows to the sewer's network system. The project's wastewater flow
23
increase would nominally contribute to, and with other projects cumulatively
increase the wastewater flows such that certain sewer lines could exceed the
sewer operational criteria of 0.75 d/D (depth to diameter). Cumulative
development may necessitate future upgrades to maintain adequate service
capacity for existing and future development within the City. MM U-1 would
require contribution of a fair share fee to mitigate the project's contribution to
cumulative wastewater impacts. However, it is unknown whether the City's
Sewer Master Plan will be completed prior to the issuance of the project's
building permit. Without this Plan, necessary upgrades to deficient sewer
mains would not be identified or funded. Therefore, this impact is
conservatively concluded to be significant and unavoidable.
SECTION 5. The Final EIR analyzed 5 alternatives to the originally proposed
project. Alternative 1 (No Project Alternative) represents a scenario where the project would
not be developed and the existing single -story commercial building with the adjoining
surface parking lot would remain. Alternative 2 (the C3 -C Zoning Compliant Alternative)
would develop a mixed use project on the site consistent with the project site's former C3 -C
Downtown Overlay Zoning District standards. Alternative 3 (Draft DSP Tier III Compliant
Alternative) would develop a mixed use project that is consistent with the Draft Downtown
Community Plan's development standards for a Tier 111 project in the Transit Adjacent
subarea. Alternative 4 (the Offsite Affordable Housing Alternative (Alternative 4) assumes
development of the project at 500 Broadway plus the provision of up to 70 multi -family
affordable housing units would be developed offsite in the Downtown. Alternative 5 (the 32 -
Foot Height Alternative) would involve development of a mixed use residential and
commercial project that has a maximum height of 32 feet.
M
The Final EIR found that the No Project Alternative would be environmentally
superior to the project on the basis of the minimization or avoidance of physical
environmental impacts. However, the No Project Alternative would not achieve any of the
project objectives and would not achieve the goals of the LUCE. Alternative 2 would result
in significant impacts on traffic and sewer (cumulatively) similar to the project and would not
meet many of the Project objectives or achieve LUCE consistency and implementation to
the same extent. Alternative 3 would also result in significant impacts on traffic and sewer
(cumulatively) similar to the project. Without the grocery store, Alternative 3 would not
achieve project objectives to the same extent as the project or meet LUCE policies and
goals. This includes the objective to enhance the Downtown through a "complete
neighborhood" and minimize traffic impacts by providing neighborhood -serving retail uses.
Alternative 5 would result in significant impacts on traffic and sewer (cumulatively) similar to
the project and would only partially meet project objectives with reduced provision of
affordable housing and lower levels of employment, economic and fiscal benefits and with
diminished LUCE consistency.
The CEQA Guidelines require that if the environmentally superior alternative is the
No Project alternative, that the EIR also identify an environmentally superior alternative
among the other alternatives. Consistent with Article VI, Section 12 of the City of Santa
Monica CEQA Guidelines and Section 15091, 15092, and 15093 of the State of California
CEQA Guidelines, and as detailed in Final EIR Chapter 5.0, the City Council finds that,
based on the other project alternatives, Alternative 5, the 32 -foot Height Alternative, would
reduce significant impacts to sewer and traffic. Therefore, this alternative is considered to
be the environmentally superior alternative. However, this alternative would not fully meet
the Project Objectives.
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Subsequent to publication of the Draft EIR, the project applicant indicated their intent
to pursue a project substantially similar to Alternative 4, which is described and analyzed in
Chapter 5.0, Alternatives of the EIR. Alternative 4 would not result in new significant impacts
that were not identified in the EIR. As with the originally proposed project, this alternative
would result in significant and unavoidable impacts with respect to transportation/circulation
and sewer (cumulative). Although such impacts may be incrementally greater, Alternative 4
would better meet the project objectives and the City's affordable housing goals. As noted
in Section 5.0 of the Final EIR, Alternative 4 would provide a greater number of residential
units in the Downtown near transit. Specifically, with the additional 64 affordable housing
units offsite, Alternative 4 would implement the LUCE's goal and policies of increasing
affordable housing opportunities in proximity to transit opportunities provided by the Expo
LRT, including LUCE policies LU2.4, LU3.2, LU4.3, LU5.1, LU 10.3, LU11.2, LU 11.3, D7.7,
H1.3, H1.6, H1.7, H3.1, H4.4, H6.1, H6.2, as well as Housing Element policies 1. 1, 1.2, 1.6,
2.1, and 2.4.
Furthermore, the increased housing under Alternative 4 would help meet the high
demand for housing in the City. This demand for housing is evidenced by the City's low
vacancy rate of 3.5 percent for rental units. Alternative 4 would also contribute to expanding
the supply of affordable housing in the City. As noted in the August 25, 2015 City Council
Staff: report, since the dissolution of the Santa Monica Redevelopment Agency in 2012, the
City's primary funding source for the production and preservation of low-income housing
has been lost and 'as a result, the City is left without a significant, stable source of funding
for affordable housing. Alternative 4 would provide a 100 percent offsite affordable housing
development in the Downtown. The offsite affordable housing would be owned and
managed by a non-profit housing provider into perpetuity and as such, could include
services/programs such as after-school homework assistance, parenting classes, case
26
management, etc. Therefore, in terms of meeting City housing goals and policies, the
housing benefits of Alternative 4 Auld be increased from the original project.
Additionally, based on the Fiscal Impact Analysis prepared by Natelson Dale,
Alternative 4 is anticipated to result in net annual general fund revenues of $227,3651yr.
Project construction would have direct benefits of approximately 961 full- and parttime jobs
and generate approximately $150M in total economic activity. Project operations would have
direct benefits of approximately 124 jobs and generate approximately $3.5M in total
economic activity.
SECTION 6. The preceding Findings, although based primarily on conclusions in
the Final EIR, have not attempted to describe the full analysis of each environmental
impact contained in the Final EIR. Instead, the Findings incorporate by reference the
discussions and analyses in the Final EIR and supporting reference documents
supporting the Final EIR`s determinations regarding the nature and severity of the impacts
of the LUCE and mitigation measures designed to address those impacts. In making
these findings, the City Council ratifies, adopts, and incorporates into these findings the
analysis and explanation in the Final EIR and ratifies, adopts, and incorporates in these
findings the determinations and conclusions of the Final EIR.
SECTION 7. The Final EIR found that the project would result in significant
unavoidable adverse impacts in the areas of sewer and traffic/transportation. Consistent
with Article VI, Section 13 of the City CEQA Guidelines and Section 15093 of the State of
California CEQA Guidelines, the City Council hereby makes a Statement of Overriding
Considerations and finds that the benefits of the project outweigh its unavoidable
environmental impacts based on the reasons stated below. The benefits identified are each
27
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
2.8 of the Development Agreement, which is incorporated herein by reference.-
® Off -Site Affordable Housing Through Land Acquisition.
® Enhanced Impact Fees, including enhanced Transportation Impact Fee,
enhanced Parks and Recreation Impact Fee, enhanced Affordable Housing
Commercial Linkage Fee, and Early Childhood Initiatives Contribution, Historic
Preservation Contribution, Dig Blue Bus Contribution, and Transportation
Management Association Contribution
® Physical Improvements, including ground floor building setbacks that additional
sidewalk widths
® Unreserved Commercial Parking.
® Community Meeting Space
a Local Hiring Program for construction and permanent employment
0 Transportation Demand Management measures, including:
o A transportation information center
o Average Vehicle Ridership (AVR) targets
o Unbundled parking
o Parking cash -out
o Transportation allowance for employees and residents equivalent to 100% of
the cost of a monthly regional transit pass
o Showers and lockers for employees who bike to work.
o Short-term visitor bike parking
R
o Long-term resident and commercial bike parking
o Active participation in a Transportation Management Association
Sustainability Elements, including a minimum LEER® for Homes Platinum
certification as established by the LEER® Rating System
® Solar Infrastructure, that would include roof -mounted photovoltaic solar panels
Water Conservation
® Bioswales on the site, or if determined to be impracticable, an equitable fee of
$205,000 to the City, sufficient to cover the design and construction of a similar
system elsewhere in the City.
Electric Vehicle Parking
SECTION 8. Consistent with Public Resources Code Section 21081.6, the City
Council adopts the Mitigation Monitoring and Reporting Program, which is included as
Section 11 of the Final EIR, to mitigate or avoid significant effects of the project on the
environment, as detailed in Sections 3 and 4 of this resolution, and to ensure compliance
during project implementation.
SECTION 9. Consistent with Section 21081.6(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 Rachel
Kwok, Environmental Planner.
29
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.
FAI ---�■
ClC.
MA SHA JO E MOUTRI
Cit Attorney,
30
Adopted and approved this 10th day of May, 2016.
azquez, Mal(
I, Denise Anderson -Warren, City Clerk of the City of Santa M,6nic``a-,-do hereby
certify that the foregoing Resolution No. 10955 (CCS) was duly adopted at a meeting of
the Santa Monica City Council held on the 10ffi day of May, 2016, by the following vote:
AYES: Councilmembers O'Day, Himmelrich, Davis, McKeown
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Connor
ATTEST:
_ ckt�ka_t__
Denise Anderson -Warren, City Clerk