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R112901 EIR Certification and Findings Resolution City Council Meeting: September 29, 2020 Santa Monica, California RESOLUTION NO. 11290 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE MIRAMAR HOTEL PROJECT WHEREAS, the California Environmental Quality Act (Section 21000 et seq, of the Public Resources Code, hereinafter “CEQA”) requires that cities consider the environmental consequences of their actions before approving a project; and WHEREAS, State CEQA Guidelines (California Code of Regulations, Title 14) Section 15182 exempts a residential or mixed-use project, or a project with a floor area ratio of at least 0.75 on commercially-zoned property, from CEQA if it is located within a transit priority area as defined in CEQA Section 21099(a)(7); is consistent with a specific plan for which an environmental impact report (“EIR”) was certified; and is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy for which the State Air Resources Board has accepted the determination that the sustainable communities strategy or the alternative planning strategy would achieve the applicable greenhouse gas emissions reduction targets; and WHEREAS, the Miramar Hotel Project is (a) located within a transit priority area as it is within 0.5 mile of a major transit stop, including those stops provided by Santa Monica Big Blue Bus Route 2 and Los Angeles County Metro Rapid Route 720, both of which travel DocuSign Envelope ID: BE75C5E4-ACF9-4DD9-ADB6-4EF334726A0E 2 the length of Wilshire Boulevard between the City of Santa Monica and downtown Los Angeles, as well as the Exposition Light Rail Line Downtown Santa Monica station, which is located at the intersection of Colorado Avenue and 4th Street, (b) consistent with the Downtown Community Plan (“DCP”), for which an EIR was certified (State Clearinghouse No. 2013091056), and (c) consistent with the general use designation, density, building intensity, and applicable policies of the Southern California Association of Government’s (“SCAG’s”) adopted Regional Transportation Plan/Sustainable Communities Strategy (as discussed in Section 4.12, Land Use and Planning, of the EIR). Therefore, the Project meets eligibility requirements and is exempt from CEQA under CEQA Guidelines Section 15182; and WHEREAS, although the Project is exempt from CEQA, the City also prepared an EIR for the Miramar Hotel Project in compliance with CEQA’s EIR requirements, which EIR provides for informed decision-making about the potential environmental effects of the Project; and WHEREAS, a Notice of Preparation (“NOP”) of an EIR for the Miramar Hotel Project was published and circulated on May 1, 2013 and a Recirculated NOP was published and circulated on June 28, 2018; and WHEREAS, a Notice of Completion/Notice of Availability of a Draft Environmental Impact Report (“Draft EIR”) was published on February 24, 2020 in compliance with the CEQA and the State CEQA Guidelines; and WHEREAS, the Draft EIR was circulated for a 90-day period which ended on May 24, 2020, exceeding the minimum 45-day period required under CEQA; and WHEREAS, the Draft EIR analyzed the potential environmental impacts that could result from the Miramar Hotel Project and six alternatives; and WHEREAS, the Final Environmental Impact Report (“Final EIR”) was published on DocuSign Envelope ID: BE75C5E4-ACF9-4DD9-ADB6-4EF334726A0E 3 August 18, 2020; and WHEREAS, the Planning Commission on September 2, 2020 and September 9, 2020 has reviewed and considered the contents of the Final EIR and recommended certification of the EIR to City Council; and WHEREAS, on September 29, the City, as Lead City Agency, reviewed the Final EIR in its decision-making process; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds the Miramar Hotel Project (the “Project”) exempt from CEQA pursuant to CEQA Section 15182. Specifically, the Project is located in a transit priority area, as it is within 0.5 mile of a major transit stop, including those stops provided by Santa Monica Big Blue Bus Route 2 and Los Angeles County Metro Rapid Route 720, both of which travel the length of Wilshire Boulevard between the City of Santa Monica and downtown Los Angeles, as well as the Exposition Light Rail Line Downtown Santa Monica station, which is located at the intersection of Colorado Avenue and 4th Street. Additionally, the Project is consistent with the applicable specific plan for this area (the Downtown Community Plan, or DCP), for which an EIR was certified (State Clearinghouse No. 2013091056). The Project is also consistent with the general use designation, density, building intensity, and policies of SCAG’s RTP/SCS (as discussed in Section 4.12, Land Use and Planning, of this EIR). Lastly, as confirmed by the EIR, the Project does not cause any new significant impacts, or worsen any previously-identified significant impacts, than those identified in the DCP EIR. SECTION 2. The City Council has reviewed and considered the information contained in the Final EIR on the Miramar Hotel Project prior to acting on the Project. DocuSign Envelope ID: BE75C5E4-ACF9-4DD9-ADB6-4EF334726A0E 4 SECTION 3. The City Council certifies that the Final EIR for the Project was presented to the City Council, that the Final EIR for the Project was completed in full compliance with State law and State CEQA Guidelines, that there was adequate public review of the Draft EIR, that it has considered all comments on the Draft EIR and responses to comments, that the Final EIR adequately analyzes all potentially significant environmental issues, that the Final EIR reflects the independent judgement and analysis of the City, and that the City Council has reviewed and considered the information contained in the Final EIR in its decision-making process prior to acting on the Project. SECTION 4. Consistent with Section 15128 of the State CEQA Guidelines, Chapter 6 of the Final EIR and the Initial Study (Appendix A-2 of the Final EIR) determined that the following environmental impacts were not considered potentially significant and were not analyzed in detail in the Final EIR: Agriculture and Forestry Resources, Mineral Resources, Population and Housing, Public Services – Schools and Libraries, Recreation, Solid Waste, and Wildfires. SECTION 5. Consistent with Section 15091 and 15092 of the State CEQA Guidelines, and as analyzed in the Final EIR, the City Council finds that Project impacts would be less than significant without mitigation for construction-related air quality, aesthetics, energy, geology and soils (specifically, those issues related to seismicity, erosion or loss of topsoil, unstable geologic unit), greenhouse gas emissions, hydrology/water quality, land use and planning, operational noise and vibration, transportation (specifically, those issues related to consistency with plans, geometric hazards, emergency access), and utilities and service systems (wastewater and water). SECTION 6. Consistent with Sections 15091 and 15092 of the State CEQA Guidelines and as analyzed in the Final EIR, the City Council finds that Project impacts for operation-related air quality, biological resources, archaeological resources, geology and DocuSign Envelope ID: BE75C5E4-ACF9-4DD9-ADB6-4EF334726A0E 5 soils (specifically, paleontological resources), hazards and hazardous materials, construction-related noise levels, fire and police protection services, and tribal resources resulting from the proposed Project can be reduced to an acceptable level with implementation of mitigation measures as established in Chapter 11 of the Final EIR. SECTION 7. Consistent with Sections 15091 and 15092 of the State CEQA Guidelines and as analyzed in the Final EIR, the City Council finds that Project impacts in the areas of vibration, historic resources (construction-related ground-borne vibration on off- site historic resources), transportation (intersection operations and street segment traffic volumes), neighborhood effects, and construction effects cannot feasibly be avoided or mitigated to below a level of significance. SECTION 8. The Final EIR found that Alternative 4 is the environmentally superior alternative, as it would have larger, more notable trip reductions, resulting in less GHG emissions and mobile source air quality and noise impacts. As compared to the other alternatives analyzed in the EIR, Alternative 4 would be more consistent with relevant City, Regional and Coastal Commission policies and regulations, and would help fulfill a larger range of policies and regulations. Alternative 4 would be consistent with the Land Use Plan of the Local Coastal Program by providing a mix of uses that are consistent with the provisions of Policy 201. At the same time, Alternative 4 would fully implement policies in the 2016 – 2040 Regional Transportation Plan/Sustainable Communities Strategy and City plans including the Land Use and Circulation Element, the Downtown Community Plan, and the 2013 – 2021 Housing Element. These policies address a range of uses and multiple needs that pertain to the provision of housing in the Downtown area and the development of Downtown as a mixed-use community with pedestrian and transit availability for City residents. However, as concluded in the EIR, Alternative 4 would not achieve Project objectives and certain City land use goals and policies to the same extent as the Project. DocuSign Envelope ID: BE75C5E4-ACF9-4DD9-ADB6-4EF334726A0E 6 SECTION 9. The preceding Findings, although based primarily on conclusions in the Final EIR, have not attempted to describe the full analysis of each environmental impact contained in the Final EIR. Instead, the Findings incorporate by reference the discussions and analyses in the Final EIR and supporting reference documents supporting the Final EIR’s determinations regarding the nature and severity of the impacts of the Project and mitigation measures designed to address those impacts. In making these findings, the City Council ratifies, adopts, and incorporates into these findings the analysis and explanation in the Final EIR and ratifies, adopts, and incorporates in these findings the determinations and conclusions of the Final EIR. SECTION 10. Consistent with Section 21081.6(a)(2) of CEQA, the documents which constitute the record of proceedings for approving this Project are located in the Community Development Department, 1685 Main Street, Santa Monica, California. The custodian of these documents is Rachel Kwok, Environmental Planner. SECTION 11. 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: ________________________ George S. Cardona Interim City Attorney DocuSign Envelope ID: BE75C5E4-ACF9-4DD9-ADB6-4EF334726A0E Adopted and approved this 29th day of September 2020. __________________________ Kevin McKeown, Mayor I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11290 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 29th day of September 2020, by the following vote: AYES: Councilmembers Himmelrich, Jara, McCowan, Winterer, Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: Councilmember Davis ATTEST: _____________________________________ Denise Anderson-Warren, City Clerk DocuSign Envelope ID: BE75C5E4-ACF9-4DD9-ADB6-4EF334726A0E