R112911
EIR SOC MMRP Resolution
City Council Meeting: September 29, 2020 Santa Monica, California
RESOLUTION NO. 11291 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA MAKING FINDINGS
NECESSARY TO APPROVE THE MIRAMAR HOTEL PROJECT,
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS
AND MITIGATION MONITORING AND REPORTING PROGRAM
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
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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
provides for informed decision-making about the potential environmental effects of the
Project; and
WHEREAS, a Draft Environmental Impact Report was published on February 24,
2020 for a period of 90 days, and a Final Environmental Impact Report (Final EIR) was
published on August 18, 2020, which analyze the environmental effects of the Miramar Hotel
Project; and
WHEREAS, the Santa Monica City Council, as Lead City Agency, reviewed the Final
Environmental Impact Report in full compliance with State CEQA Guidelines; and
WHEREAS, on September 29, 2020, the City Council certified that the Final
Environmental Impact Report was prepared in full compliance with State CEQA Guidelines;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
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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 MetroRapid 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 DCP allows projects on Established Large Sites to be authorized
up to a height limit of 130 feet subject to four requirements, one of which requires additional
environmental review to the extent not analyzed in the Downtown Community Plan (“DCP”)
Final EIR. The other three DCP requirements include: the project shall be processed
through a Development Agreement; preparation of a shade/shadow analysis; and inclusion
in the application submittal of comprehensive responses to how the project meets each of
the priorities described in the Downtown Districts Chapter. The project meets all of these
DCP requirements. Given public interest, and to promote informed decision-making, the City
has also prepared an EIR for the project in compliance with CEQA. In accordance with
Section 15121 of the State CEQA Guidelines, the purpose of the EIR is to serve as an
informational document that: “…will inform public agency decision-makers and the public
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generally of the significant environmental effect of a project, identify possible ways to
minimize the significant effects, and describe reasonable alternatives to the project.”
SECTION 3. 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 4. 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
would be less than significant without mitigation for construction-related air quality,
aesthetics, biological resources (specifically, those issues related to consistency with local
ordinances protecting biological resources), 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 5. Consistent with Sections 15091 and 15092 of the State CEQA
Guidelines and as analyzed in the Final EIR, the City Council finds that most impacts
resulting from the project can be reduced to a less than significant 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 operational air quality. Consistent with Sections
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15091 and 15092 of the State CEQA Guidelines and as detailed in the Final EIR, the City
Council finds that the following applicable mitigation measure from the Downtown
Community Plan (DCP) EIR has been required for the project that will reduce the project’s
operational air quality impacts to below levels of significance:
DCP MM AQ-5b: Interior Air Quality Protection: Applicants of new projects in the
Downtown that propose siting sensitive land uses within 100 feet of an intersection
operating or projected to operate at Level of Service (LOS) E or F to include heating,
ventilation, and air conditioning (HVAC) infrastructure within the building to circulate
and purify outdoor air sources sufficiently to reduce diesel particulate matter and
vehicle emissions. HVAC control systems shall include particulate filters that have a
minimum efficiency reporting value (MERV) of 15 as indicated by the American
Society of Heating Refrigerating and Air Conditioning Engineers (ASHRAE) Standard
52.2. The proposed HVAC system shall be reviewed and approved by the City prior
to occupancy of sensitive land uses or populations within the proposed project.
(b) The Final EIR determined that without mitigation, the project could
result in significant adverse impacts to biological resources (specifically those related to
migratory birds). Consistent with Sections 15091 and 15092 of the State CEQA Guidelines
and as detailed in the Final EIR, the City Council finds that the following applicable mitigation
measure from the DCP EIR has been required for the project that will reduce the project’s
biological resources impacts to below levels of significance:
DCP MM BIO-1: Nesting and Roosting Sites. To prevent impacts to nesting or
roosting birds through loss or damage of mature trees, the City shall require that
applicants of new development projects within Downtown comply with the following:
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1. Where suitable vegetation and structures for nesting birds and bats occur
within 500 feet of project construction activities, all phases of project construction
shall avoid the general nesting season (February 15 through August 31).
2. If construction cannot avoid the general nesting season, a qualified biologist
shall be retained to conduct a pre-construction survey for nesting birds and/or bats.
The survey shall be conducted within 72 hours prior to commencement of vegetation
removal.
3. If any nesting birds are present within or immediately adjacent to the
construction area, the following shall be required: A qualified biologist shall be
retained by the Applicant to flag and demarcate the location of all nesting birds and
monitor construction activities. Temporary avoidance of active nests, including the
enforcement of an avoidance buffer of 25 to 500 feet, depending on the sensitivity of
the species identified, as determined by the qualified biological monitor, shall be
required until the qualified biological monitor has verified that the young have fledged
or the nest has otherwise become inactive.
4. If federal or state protected species are observed during the site survey,
consultation shall be completed with the USFWS and CDFW to determine if work
shall commence or proceed during the breeding season; and, if work may proceed,
what specific measures shall be taken to ensure protected bird species are not
affected.
(c) The Final EIR determined that without mitigation, the project could
result in significant adverse impacts to archaeological resources and tribal resources.
Consistent with Sections 15091 and 15092 of the State CEQA Guidelines and as detailed
in the Final EIR, the City Council finds that the following applicable mitigation measures from
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the DCP EIR and project-specific mitigation measures have been required for the project
that will reduce the project’s cultural resources impacts to below levels of significance:
DCP MM CR-3a: Archaeological Data Recovery: For projects that inadvertently
discovered buried prehistoric or historic-period archaeological resources the City
shall apply a program that combines resource identification, significance
evaluation, and mitigation efforts into a single combined effort. This approach
would combine the discovery of deposits (Phase 1), determination of significance
and assessment of the project’s impacts on those resources (Phase 2), and
implementation of any necessary mitigation (Phase 3) into a single consolidated
investigation. This approach 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 Plan shall be
prepared prior to issuance of building permits by a Registered Professional
Archaeologist (RPA) who is familiar with urban historical resources, and at a
minimum shall include:
• A review of historic maps, photographs, and other pertinent documents to predict
the locations of former buildings, structures, and other historical features and
sensitive locations within and adjacent to the specific development area;
• A context for evaluating resources that may be encountered during
construction;
• A research design outlining important prehistoric and historic-period themes
and research questions relevant to the known or anticipated sites in the study
area;
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• Specific and well-defined criteria for evaluating the significance of discovered
remains; and
• Data requirements and the appropriate field and laboratory methods and
procedures to be used to treat the effects of the project on significant resources.
The Treatment Plan shall also provide for a final technical report on all cultural
resource studies and for curation of artifacts and other recovered remains at a
qualified curation facility, to be funded by the developer. To ensure compliance
with City and state preservation laws, this plan shall be reviewed and approved
by the Historic Landmarks Commission and the City of Santa Monica Planning
Division prior to issuance of building permits.
DCP MM CR-3b: Inadvertent Discoveries: In the event of any inadvertently
discovered prehistoric or historic-period archaeological resources during
construction, the developer shall immediately cease all work within 50 feet of the
discovery. The proponent shall immediately notify the City of Santa Monica
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. If the archaeologist determines that the
find may qualify for listing in the California Register of Historic Resources (CRHR),
the site shall be avoided or a data recovery plan shall be developed pursuant to
MM CR-2a. Any required testing or data recovery shall be directed by a RPA prior
to construction being resumed in the affected area. Work shall not resume until
authorization is received from the City.
MM ARCHAEO-1: Prior to issuance of demolition permit, the Applicant shall retain
an archaeologist who meets the Secretary of the Interior’s Professional
Qualifications Standards for Archaeology (Qualified Archaeologist) to oversee an
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archaeological monitor who shall be present during construction excavations such
as demolition, clearing/grubbing, grading, trenching, or any other construction
excavation activity associated with the Project. Full-time monitoring shall be
conducted in Areas 1, 2 and 3 as denoted in Figure 9 - Archaeologically Sensitive
Areas of the Archaeological Resources Assessment Report. Full-time monitoring
in those areas can be reduced to part-time inspections or ceased entirely if
determined appropriate by the Qualified Archaeologist, based on field
observations. If the Qualified Archaeologist, based on field observations,
determines that other areas beyond Area 1, 2, and 3 warrant monitoring, then
monitoring in those areas shall be required.
Prior to commencement of excavation activities, an Archaeological and Cultural
Resources Sensitivity Training shall be given for construction personnel. The
training session shall be carried out by the Qualified Archaeologist and shall focus
on how to identify archaeological resources that may be encountered during
earthmoving activities and the procedures to be followed in such an event.
MM ARCHAEO-2: Prior to issuance of demolition permit, the Applicant shall retain
a Native American tribal monitor from the Gabrieleno Tribe. The appropriate Native
American monitor shall be selected based on ongoing consultation under AB 52
and shall be identified on the most recent contact list provided by the Native
American Heritage Commission. The Native American Monitor shall be present
during construction excavations such as demolition, clearing/grubbing, grading,
trenching, or any other construction excavation activity associated with the Project.
The frequency of monitoring shall take into account the rate of excavation and
grading activities, proximity to known archaeological resources, the materials
being excavated (younger alluvium vs. older alluvium), and the depth of
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excavation, and if found, the abundance and type of prehistoric archaeological
resources encountered. Full-time field observation can be reduced to part-time
inspections or ceased entirely if determined appropriate by the Gabrielino Tribe.
MM ARCHAEO-3: If human remains are encountered unexpectedly during
implementation of the Project, State Health and Safety Code Section 7050.5
requires that no further disturbance shall occur until the County Coroner has made
the necessary findings as to origin and disposition pursuant to PRC Section
5097.98. If the remains are determined to be of Native American descent, the
coroner has 24 hours to notify the Native American Heritage Commission (NAHC).
The NAHC shall then identify the person(s) thought to be the Most Likely
Descendent (MLD). The MLD may, with the permission of the land owner, or his or
her authorized representative, inspect the site of the discovery of the Native
American remains and may recommend to the owner or the person responsible for
the excavation work means for treating or disposing, with appropriate dignity, the
human remains and any associated grave goods. The MLD shall complete their
inspection and make their recommendation within 48 hours of being granted access
by the land owner to inspect the discovery. The recommendation may include the
scientific removal and nondestructive analysis of human remains and items
associated with Native American burials. Upon the discovery of the Native American
remains, the landowner shall ensure that the immediate vicinity, according to
generally accepted cultural or archaeological standards or practices, where the
Native American human remains are located, is not damaged or disturbed by further
development activity until the landowner has discussed and conferred, as prescribed
in this mitigation measure, with the MLD regarding their recommendations, if
applicable, taking into account the possibility of multiple human remains. The
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landowner shall discuss and confer with the descendants all reasonable options
regarding the descendants' preferences for treatment.
If the NAHC is unable to identify an MLD, or the MLD identified fails to make a
recommendation, or the landowner rejects the recommendation of the MLD and
the mediation provided for in Subdivision (k) of Section 5097.94, if invoked, fails to
provide measures acceptable to the landowner, the landowner or his or her
authorized representative shall inter the human remains and items associated with
Native American human remains with appropriate dignity on the facility property in
a location not subject to further and future subsurface disturbance.
(d) The Final EIR determined that without mitigation the project could
result in significant adverse impacts related to geology and soils (specifically, paleontological
resources). Consistent with Sections 15091 and 15092 of the State CEQA Guidelines and
as detailed in the Final EIR, the City Council finds that the following applicable mitigation
measures from the DCP EIR have been required for the project that will reduce the project’s
impacts related to paleontological resources to below levels of significance:
DCP MM CR-4a: Paleontological Monitoring. Construction activities involving
excavation or other soil disturbance to a depth greater than 6 feet within Downtown
shall be required to retain a qualified Paleontological Monitor as defined by the
Society for Vertebrate Paleontology (SVP) (2010) equipped with necessary tools and
supplies to monitor all excavation, trenching, or other ground disturbance in excess
of 6 feet deep. 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.
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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 longer
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.
DCP MM CR-4b: Inadvertent Discovery of Fossils. If fossils are discovered during
excavation, the Paleontological Monitor will make a preliminary taxonomic
identification using comparative manuals. The Principal Paleontologist or his/her
designated representative then will inspect the discovery, determine whether further
action is required, and recommend measures for further evaluation, fossil collection,
or protection of the resource in place, as appropriate. Any subsequent work will be
completed as quickly as possible to avoid damage to the fossils and delays in
construction schedules. If the fossils are determined to be significant under the
CEQA, but can be avoided and no further impacts will occur, the fossils and locality
will be documented in the appropriate paleontological resource records and no
further effort will be required. At a minimum, the paleontological staff will assign a
unique field number to each specimen identified; photograph the specimen and its
geographic and stratigraphic context along with a scale near the specimen and its
field number clearly visible in close ups; record the location using a global positioning
system (GPS) with accuracy greater than 1 foot horizontally and vertically (if such
equipment is not available at the site, use horizontal measurements and bearing(s)
to nearby permanent features or accurately surveyed benchmarks, and vertical
measurements by sighting level to point(s) of known elevation); record the field
number and associated specimen data (identification by taxon and element, etc.) and
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corresponding geologic and geographic site data (location, elevation, etc.) in the field
notes and in a daily monitoring report; stabilize and prepare all fossils for
identification, and identify to lowest taxonomic level possible by paleontologists,
qualified and experienced in the identification of that group of fossils; record on the
outside of the container or bag the specimen number and taxonomic identification, if
known. Breathable fabric bags will be used in packaging to avoid black mold.
Upon completion of fieldwork, 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 repairing specimens, as necessary. 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.
The cost of curation is assessed by the repository and is the responsibility of the
Project proponent.
At the conclusion of laboratory work and museum curation, a final report shall 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 Project area geology and paleontology, 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.
(e) The Final EIR determined that without mitigation the project could
result in significant adverse impacts related to hazards and hazardous materials. Consistent
with Sections 15091 and 15092 of the State CEQA Guidelines and as detailed in the Final
EIR, the City Council finds that the following applicable mitigation measures from the DCP
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EIR have been required for the project that will reduce the project’s impacts related to
hazards and hazardous materials to below levels of significance:
DCP MM HAZ-2a: Phase I Environmental Site Assessment. Prior to demolition,
project applicants in the Downtown shall prepare a Phase I ESA. 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 (LBP),
polychlorinated biphenyls (PCBs), and Molds. Prior to any the issuance of
a demolition permit, the Applicant shall conduct a comprehensive survey of
ACM, LBP, 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
the treatment, handling, and disposal of ACM, LBP, PCBs, and molds to ensure
public safety.
DCP MM HAZ-2c: Discovery of Contamination. In the event that previously
unknown or unidentified soil and/or groundwater contamination that could present
a threat to human health or the environment is encountered during construction at
a development site, construction activities in the immediate vicinity of the
contamination shall cease immediately. A qualified environmental specialist (e.g.,
a licensed Professional Geologist [PG], a licensed Professional Engineer [PE] or
similarly qualified individual) shall conduct an investigation to identify and
determine the level of soil and/or groundwater contamination. If contamination is
encountered, a Human Health Risk Management Plan shall be prepared and
implemented that: (1) identifies the contaminants of concern and the potential risk
each contaminant would pose to human health and the environment during
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construction and post-development, and (2) describes measures to be taken to
protect workers, and the public from exposure to potential site hazards. Such
measures could include a range of options, including, but not limited to, physical
site controls during construction, remediation, long-term monitoring, post-
development maintenance or access limitations, or some combination thereof.
Depending on the nature of contamination, if any, appropriate agencies shall be
notified (e.g., SMFD). If needed, a Site Health and Safety Plan that meets
Occupational Safety and Health Administration requirements shall be prepared
and in place prior to commencement of work in any contaminated area.
(f) The Final EIR determined that without mitigation the project could
result in significant adverse impacts with respect to noise (specifically, construction-related
noise). Consistent with Sections 15091 and 15092 of the State 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 construction noise impacts to below
levels of significance:
MM NOISE-1: To avoid exceedance of the City’s allowable noise increases
between the hours of 8:00 A.M. to 10:00 A.M. and 3:00 P.M. to 6:00 P.M. on
weekdays and on Saturday from 9:00 A.M. to 5:00 P.M. (and/or during extended
hours if approved by the City through an After Hours Permit in accordance with
SMMC Section 4.12.110(e)), the following specified construction activities
occurring during the above referenced time periods and within the following
setback distances from the specified sensitive receptors shall implement
construction noise reduction strategies as described below:
Distances for Noise-Sensitive Receptor Locations R1 and R2:
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• Demolition or Overlapping Construction Activities: within 300 feet.
• Grading/excavation: within 200 feet.
• Building construction or paving: within 150 feet.
Distances for Noise-Sensitive Receptor Location R3:
• Overlapping Construction Activities: within 80 feet.
• Grading/excavation or paving: within 65 feet.
• Demolition, foundation/concrete pour, or building construction: within 50 feet.
In order to stay below the noise thresholds established in SMMC Section 4.12.110,
the construction contractor shall utilize one or a combination of the construction
noise reduction strategies listed below if construction activities occur during the
referenced time periods and within the specified setback distances:
Noise Reduction Strategies:
a) Use construction equipment, fixed or mobile, that individually generates less
noise than presumed in the Federal Highway Administration (FHWA) Roadway
Construction Noise Model (RCNM). Examples of such equipment are medium,
compact, small, or mini model versions of backhoes, cranes, excavators,
loaders, or tractors; newer model equipment; or other applicable equipment
that are equipped with reduced noise-generating engines. Construction
equipment noise levels shall be documented based on manufacturer’s
specifications. The construction contractor shall keep construction equipment
noise level documentation on-site for the duration of Project construction.
b) Noise-generating equipment operated at the Project Site shall be equipped with
California industry standard noise control devices or other noise control devices
to effectively reduce noise levels, i.e., mufflers, lagging, and/or motor
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enclosures or enclosures around stationary equipment. All equipment shall be
properly maintained to assure that no additional noise, due to worn or
improperly maintained parts, would be generated. The reduction in noise level
from noise shielding and muffling devices shall be documented based on
manufacturer’s specifications. The construction contractor shall keep noise
shielding and muffling device documentation on-site and documentation
demonstrating that the equipment has been maintained in accordance with the
manufacturers’ specifications on-site for the duration of Project construction.
c) Construction activities shall be scheduled so as to minimize or avoid operating
multiple noise-generating heavy-duty pieces of equipment, simultaneously at
the perimeters of the Project Site along the northwestern and northern
boundaries of the Hotel Parcel and along the northeastern boundary of the
Second Street Parcel.
d) The Project shall stage noise-generating construction equipment away from the
noise-sensitive receptors to the north and east (R1 and R2) of the Hotel Parcel
and to the east (R3) of the Second Street Parcel at a distance equal to or
greater than specified above.
• During the course of construction other noise reduction strategies may be
implemented as alternatives or additions to Noise Reduction Strategies a)
through d) so long as their effectiveness is documents consistent with the
noise monitoring requirements described immediately below. For Noise
Reduction Strategies a) through d) or other noise reduction strategies, the
effectiveness of these noise reduction strategies to achieve the City’s noise-
level performance standards shall be documented by on-site noise
monitoring conducted by a qualified acoustical analyst using a Type 1
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instrument in accordance with the American National Standards Institute
(ANSI) S1.4. Noise monitoring shall be conducted during early Project
construction activities when the use of heavy equipment is prevalent so long
as it can be demonstrated to the City’s satisfaction that later construction
activities would achieve the requisite noise reductions.
(g) The Final EIR determined that without mitigation the project could
result in significant adverse impacts related to public services (fire and police protection
services). Consistent with Sections 15091 and 15092 of the State CEQA Guidelines and as
detailed in the Final EIR, the City Council finds that the following mitigation measures from
the DCP EIR have been required for the project that will reduce the project’s impacts related
to public services to below levels of significance:
DCP MM PS-1: The City shall require applicants of development projects with
buildings that are seven stories and higher in the Downtown to prepare a high-rise
pre-fire plan. 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. A copy of the plan
shall be kept in the fire control room and a copy shall be filed with the SMFD fire
marshal. The plan shall be revised every 5 years.
DCP MM PS-2: The City shall require applicants of development projects over a
specified square footage in the Downtown to prepare and implement a security
plan for common or public spaces, including parking structures/lots, courtyards,
other open areas, public or common area walkways stairways and elevators as a
condition of their development agreement. The security plan will identify the
locations of 911-capable phones in parking garages and other public area, will
establish rules and regulations for public use of the courtyard areas, and establish
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private security patrols for the property. Private security patrols shall work in
coordination with the Santa Monica Police Department. The plan shall be subject
to review and approval by the SMPD.
SECTION 6. Consistent with Sections 15091, 15092, and 15093 of the State CEQA
Guidelines, the City Council finds that significant adverse environmental effects 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. Nevertheless, these impacts are found to be
acceptable due to overriding considerations as discussed in Section 7.
(1) The Final EIR determined that without mitigation project construction
on the Second Street Parcel could result in significant adverse impacts related to
construction vibration on an adjacent building located at 1137 2nd Street, which is identified
in the City’s Historic Resources Inventory as individually eligible for local listing and is
considered a historical resource pursuant to CEQA. Consistent with Sections 15091 and
15092 of the State CEQA Guidelines and as detailed in the Final EIR, the City Council finds
that a mitigation measure is required for the project that could avoid or reduce the project’s
impacts related to construction vibration on an adjacent historical structure. MM NOISE-2,
which is provided below, would require the voluntary acceptance of the implementation of
the mitigation measure by the property owner of the historical structure. Although voluntary
acceptance by off-site owner(s) would reduce potentially significant construction vibration
impacts to the historical structure to a less than significant level, the City does not have the
jurisdiction or control to mandate implementation of this mitigation measure. Therefore, this
impact is conservatively concluded to be significant and unavoidable.
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(2) The Final EIR determined that without mitigation project construction
on the Second Street Parcel could result in significant adverse impacts related to
construction vibration on two off-site buildings (The Huntley Hotel building at 1111 2nd Street
and the Regency Moderne Medical Office building at 1137 2nd Street ) adjacent to the
Second Street Parcel. Consistent with Sections 15091 and 15092 of the State CEQA
Guidelines and as detailed in the Final EIR, the City Council finds that the following mitigation
measure is required for the project that could avoid or reduce the project’s impacts related
to construction vibration on adjacent off-site buildings:
MM NOISE-2: To reduce the potential for construction-related vibration effects to
structures, prior to the issuance of a building permit for the Project Site, the Applicant
shall perform an inventory of the structural condition of The Huntley Hotel building at
1111 2nd Street, the Regency Moderne Medical Office building at 1137 2nd Street,
and the on-site historic Palisades Building. Based on a survey of the building’s
structural condition, a vibration specialist will determine the appropriate Caltrans
vibration structural damage potential criteria, and for each piece of equipment,
assess a standoff distance from the building. The construction contractor(s) shall
restrict the use of vibration-generating equipment, as listed in Table 4.14-16, within
the minimum applicable standoff distances to not exceed the building’s applicable
structural damage criteria. If the vibration-generating construction equipment is
required to be used within these minimum applicable distances, the construction
contractor(s) shall implement one of the following measures for The Huntley Hotel
building, the Regency Moderne Medical Office building, and the on-site historic
Palisades Building:
a. Restrict the use of large bulldozers and other similarly large vibration-
generating equipment, so that the vibration-generating portion of the equipment (i.e.,
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the motor, engine, power plant, or similar) remains at the minimum standoff distances
unless it can be demonstrated to the satisfaction of the City based on in-situ
measurements (prior to initiation of full-scale construction activities) that vibration
levels can be kept below the applicable structural damage potential criteria, as
determined by the vibration specialist, through any combination of revised setbacks,
alternative equipment and methods, alternative sequencing of activities, or other
vibration-reducing techniques.
b. Install and maintain at least one continuously operational automated
vibrational monitor on the side of the building facing the construction activity and
capable of being programmed with two predetermined vibratory velocities levels: a
first-level alarm equivalent to 0.05 in/sec PPV less than the appropriate Caltrans
vibration structural damage potential criteria and a regulatory alarm level equivalent
to the Caltrans vibration structural damage potential criteria. For off-site buildings, the
contractor may also locate the vibration monitors on or near the Project Site if access
to the off-site buildings is restricted, in which case the first-level and regulatory alarm
shall be adjusted to an equivalent level accounting for the vibration attenuation rate
based on the distance to the off-site building. The monitoring system must produce
real-time specific alarms (via text message and/or email to on-site personnel) when
velocities exceed either of the predetermined levels. In the event of a first-level alarm,
feasible steps to reduce vibratory levels shall be undertaken, including but not limited
to halting/staggering concurrent activities and utilizing lower-vibratory techniques. In
the event of an exceedance of the regulatory level, work in the vicinity of the affected
building shall be halted and the building visually inspected for damage. Results of the
inspection must be logged. In the event damage occurs, such damage shall be
repaired. For the off-site historic Regency Moderne Medical Office building and the
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on-site historic Palisades Building, such repairs shall be conducted in consultation
with a qualified preservation consultant for the on-site historic Palisades Building and,
if warranted, in a manner that meets the Secretary of the Interior’s Standards.
MM NOISE-2 would require the voluntary acceptance of the implementation of this
mitigation measure by off-site property owners. Although voluntary acceptance by off-site
owners would reduce potentially significant construction vibration impacts to a less than
significant level, the City does not have the jurisdiction or control to mandate implementation
of this mitigation measure. Therefore, this impact is conservatively concluded to be
significant and unavoidable. In addition, due to these construction vibration impacts,
construction effects are considered to be significant and unavoidable.
(3) The Final EIR determined that the project would result in traffic-related
impacts that would exceed significance thresholds at the following four intersections under
both Approval Year (2020) Plus Project and Future Year (2025) Plus Project traffic scenarios
and at the following five street segments:
Intersections:
a. Palisades Beach Road & California Incline (weekday AM and weekend
peak hours)
b. Ocean Avenue & California Avenue (all peak hours)
c. 2nd Street & Wilshire Boulevard (all peak hours)
d. Lincoln Boulevard & California Avenue (weekday AM peak hour)
Street Segments:
• 2nd Street between Wilshire Boulevard and California Avenue
• California Avenue between Ocean Avenue and 2nd Street
• California Avenue between 2nd Street and 3rd Street
• California Avenue between 3rd Street and 4th Street
• California Avenue between 4th Street and 5th Street
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Consistent with Sections 15091 and 15092 of the State CEQA Guidelines and as detailed
in the Final EIR, the City Council finds that the following mitigation measure has been
required for the project that will reduce the project’s impacts at the 2nd Street & Wilshire
Boulevard intersection to below levels of significance:
MM TR-1: The Project Applicant shall reconfigure the southbound approach at
Intersection No. 14 (2nd Street & Wilshire Boulevard) to include one left-turn lane,
one shared right/through lane, and bicycle lane that includes a shared lane conflict
marking.
Physical improvements were considered that could potentially reduce the traffic impacts at
the three remaining significantly impacted intersections under Approval Year (2020) Plus
Project and Future Year (2025) Plus Project conditions and at the five street segments.
However, these improvements are considered infeasible for the reasons described below:
Palisades Beach Road & California Incline (weekday AM and weekend peak hours)
This signal is on a state highway and is therefore controlled by Caltrans. A small
percentage of project trips are forecast to use the California Incline to access the PCH
northbound towards Malibu and Ventura, and southbound as the shortest path to reach
I-10 eastbound from the Project Site. The current signal configuration permits eastbound
and westbound movements during the same phase. Reconfiguring the signal to operate
a split phase eastbound and westbound so that the minimal volumes exiting the Jonathan
Club driveway (eastbound approach) are not in conflict with the significantly higher
volume turning left from westbound California Incline would likely reduce the project effect
on overall intersection delay. Sometime prior to the reconstruction of the California Incline,
this intersection was operated with split phasing. However, this mitigation measure is
considered infeasible since this measure would conflict with City policy to maintain
flexibility in signal operations. Committing the City to permanent signal timing
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configuration would preclude the City from effectively managing the flow of traffic as
conditions change in the future. Therefore, the measure is deemed infeasible.
Ocean Avenue & California Avenue (all peak hours)
The critical movement is the eastbound through from the California Incline, which shares a
lane with left-turning traffic. The westbound approach experiences a similarly saturated
condition, with a high volume of left and through movements sharing a lane. Reconfiguring
and retiming the traffic signal to operate a split phase eastbound and westbound would
remove conflicts between through and left movements, improving overall delay to LOS E or
better in all “with Project” conditions, thus mitigating the significant project impact to a less-
than-significant level. However, this mitigation measure is considered infeasible since this
measure would conflict with City policy to maintain flexibility in signal operations. Committing
the City to permanent signal timing configuration would preclude the City from effectively
managing the flow of traffic as conditions change in the future.
Lincoln Boulevard & California Avenue (weekday AM peak hour)
This intersection would be impacted during the AM peak hour under Approval with Project
conditions, and additionally during the weekend midday peak hour under Future with Project
conditions due to the addition of project trips making northbound left turns and eastbound
right turns. This unsignalized intersection is controlled in all directions by stop signs. Under
existing conditions, each approach is striped as a single lane. A possible mitigation would
be to increase capacity of the intersection approach by removing sufficient curbside metered
parking to stripe a left-turn pocket and a shared through-right lane, which would improve
LOS to conditions better than the “without Project” condition in each case (LOS F or better).
However, the addition of a left-turn pocket at a stop-controlled intersection would introduce
additional conflict points between vehicles, bicycles, and pedestrians. This location is a busy
neighborhood intersection with a high volume of pedestrian and bicycle crossings, and
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adjacent to a school, a church and Reed Park. The addition of the left-turn pocket could
cause a secondary impact to pedestrian safety, inconsistent with City goals and policies
including T7.1 of the LUCE to “ensure that walking is safe for everyone, everywhere in Santa
Monica.” Restriping the travel lanes to include a northbound turn pocket could also encroach
on the space required for the southbound bus stop at this intersection. Additionally, the
curbside metered parking is necessary for users of Reed Park. Because increasing hazards
for pedestrians and bicycles is inconsistent with City policies, this mitigation is deemed
infeasible.
Street Segments: Various traffic calming strategies were considered, such as the addition
of curb extensions at neighborhood intersections and diverters along neighborhood street
segments. While these traffic calming measures can reduce and slow traffic along a street,
they do not eliminate traffic. Thus, even with traffic calming devices, the project would still
contribute to traffic along California Avenue segments and the single trip threshold would be
exceeded on these four segments. No feasible mitigation measures are available, including
relocating the project’s access point or turn restrictions that would limit motorists that arrive
or depart the Project Site from using the public street grid and these street segments. Short
of full closure of the affected street segments, which would not be acceptable since these
streets serve adjacent land uses and carry vehicles that would then need to shift to other
nearby streets, no feasible mitigation measures are available to reduce the number of
potential project-related vehicle trips on these four street segments to a less than significant
level (less than one trip per day). TDM strategies would reduce project traffic along these
streets; however, without fully reducing net-new trips to 0 (or lower than the existing trip
production), TDM strategies would not mitigate impacts where a single daily trips is the
impact threshold.
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The significant impact on 2nd Street between Wilshire Boulevard and California Avenue is
due to project trips which increase the daily volume by more than 12.5%. The primary project
vehicular access is located on this segment. Possible mitigations for this impact would
include other access alternatives that would disperse project traffic differently such as fully
relocate the primary project driveway to another street such as Wilshire Boulevard or Ocean
Avenue but these alternatives would be inconsistent with established City traffic policies
including: “No driveways are permitted where access is available from a side street or alley”
(LUCE, p. 4.0-54), “Prohibit driveways on boulevards and major avenues where access is
available from a side street or alley” (LUCE, p. 4.0-56), and “Where a parcel contains more
than 1 street frontage, the parking entrance should be located on the secondary street or
alley. All efforts should be made to eliminate the impacts of parking entrances on main
thoroughfares and transit-oriented streets” (SMMC Section 9.28.070.). Over half of the daily
project traffic estimated to use the access on 2nd Street would need to be redistributed to
one or more other driveways in order to fully mitigate this impact. Depending on the nature
of alternative driveways, redistributing project traffic to other roadways could be inconsistent
with the City’s approved traffic policies as well as trigger additional intersection impacts and
possibly secondary impacts to pedestrian and bicycle hazards by adding new curb cuts or
increasing the intensity of use at proposed driveways. It is unknown if TDM strategies alone
could reduce the daily trip generation by half so as not to exceed the 12.5% additional trips
threshold. Therefore, mitigation measures considered are deemed infeasible.
Thus, consistent with the City of Santa Monica CEQA Guidelines, and as detailed in the
Final EIR, the City Council finds that the project would result in traffic-related impacts that
would exceed significance thresholds at four intersections under both Approval Year (2020)
and Future Year (2025) traffic scenarios and five street segments. Based on the above,
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transportation/traffic impacts would be significant and unavoidable. In addition, due to these
transportation/traffic impacts, neighborhood impacts are considered significant and
unavoidable.
SECTION 7. The Final EIR analyzed 6 alternatives to the originally proposed
project. Alternative 1 (No Project/NoBuild Alternative) represents a scenario where the
project would not be developed and the existing on-site uses (e.g., hotel, food and beverage
space, meeting space, retail floor area, spa and fitness, and surface parking) would remain
unchanged and no modernization of the facility would occur. Alternative 2 (Ocean Avenue
Transition Tier 2 Development Alternative) would develop a hotel and associated uses in
accordance with the Ocean Transition (OT) standards on the Hotel Parcel and 19 residential
units on the Second Street Parcel. Alternative 3 [Hotel Only on Hotel Parcel (No
Condominiums) Alternative] would redevelop the Hotel Parcel as proposed with the
elimination of the residential units; the Second Street Parcel would be developed in
accordance with the Wilshire Transition (WT) District standards and would provide 12
residential units. Alternative 4 (Reduced Height and Density Alternative) assumes the Hotel
Parcel would be mixed-use (hotel and residential) with a 2.0 FAR and a maximum building
height of 84 feet; the Second Street Parcel would be developed in accordance with the
Wilshire Transition (WT) District standards and would provide 19 residential units.
Alternative 5 (Alternative Massing Alternative) would provide the same program for the Hotel
Parcel but the buildings would be shifted towards the Wilshire Boulevard frontage and no
new building would be constructed along California Avenue; the Second Street Parcel would
be developed the same as under the project. Alternative 6 (Modified Access Alternative)
would involve essentially the same development program and architecture as the project
but would eliminate vehicular access on California Avenue.
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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. Alternative 2 would result in significant impacts on historical resources,
vibration construction, and transportation, as with the project, with greater impacts on
historical resources, and would only partially meet project objectives. Alternative 3 would
also result in significant impacts on historical resources, vibration construction, and
transportation similar to the project and would only partially meet project objectives. Without
residential units on the Hotel Parcel, Alternative 3 would not achieve the project objective
related to the provision of housing in proximity to transit to the same extent as the project.
Alternative 4 would result in significant impacts on historical resources, vibration
construction, and transportation but to a lesser extent than the project but would only partially
achieve project objectives. Alternative 5 would result in significant impacts on historical
resources, vibration construction, and transportation similar to the project and would only
partially meet project objectives. Alternative 6 would result in significant impacts on historical
resources, vibration construction, and transportation similar to the project although
Alternative 6 would avoid a significant impact along one street segment (California Avenue
between Ocean Avenue and 2nd Street). Alternative 6 would only partially meet project
objectives.
The State 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 Sections 15091, 15092, 15093 and
15126.6(e)(2) of the State CEQA Guidelines, and as detailed in Final EIR Chapter 5.0, the
City Council finds that, based on the other project alternatives, Alternative 4, the Reduced
Height and Density Alternative, would have larger, more notable trip reductions, resulting in
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less GHG emissions and mobile source air quality and noise impacts. Therefore, this
alternative is considered to be the environmentally superior alternative. However, Alternative
4 would not achieve project objectives and certain City land use goals and policies to the
same extent as the project. Importantly:
• Alternative 4 does not achieve Objective 1 (to implement the LUCE, DCP and
Coastal Act for the Project Site) to the same extent as the project. Importantly,
Alternative 4 does not achieve the LUCE and DCP goals of expanding housing in
the Downtown or the City and Coastal Act goals and policies encouraging the
development of housing and visitor-serving uses in the Downtown (and
specifically on the Hotel Parcel) to the same extent as the project in that
Alternative 4 would result in almost 30% fewer hotel rooms than the project (and
fewer hotel rooms than the existing conditions) and fewer affordable housing
units (both market rate and affordable) compared with the project. In addition,
because of reduced building heights and greater uniformity among Alternative 4’s
buildings, Alternative 4 would not meet many of the design parameters set forth
in the LUCE and DCP regarding architectural articulation, variable building
heights and roof styles, and building step-backs that would be achieved with the
project’s greater range of building heights and setback areas within the Project
Site. Further, as compared to Alternative 4, the project would more fully support
the Hotel Parcel’s Established Large Site designation in the DCP given the Site’s
unique characteristics and potential to support growth within the City as
accompanied by a range of community benefits. Alternative 4 would also result in
fewer employment opportunities, less Transient Occupancy Tax (TOT) and fiscal
benefits to the City, and community benefits, including significantly less deed-
restricted affordable housing (13 units) as compared to the project (42 units).
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• Alternative 4 would not meet Objective 2 (to improve visitor serving uses) to the
same extent as the project because it would reduce total hotel rooms from the
existing 301 rooms and the project’s 312 rooms and, as such, would not expand
visitor-serving uses per the Coastal Act as would occur under the project.
• Alternative 4 would not meet Objective 3 (iconic architecture) to the same extent
as the project because the range of building height would be less varied than
under the project, and Alternative 4 would have less potential to provide
variations in roof design and other features of iconic architecture compared to the
project.
• Alternative 4 would not meet Objective 5 (to provide market rate and affordable
housing units in a transit priority area) to the same extent as under the project.
Alternative 4 would reduce the number of market rate ownership units from 60
condominium units in the project to 51 units and affordable apartments from 42
units in the project to 13 units.
• Alternative 4 would not meet Objective 8 (employment) to the same extent as the
project. Importantly, because of the reduction in the number of guestrooms,
Alternative 4 would provide fewer employment opportunities associated with the
hotel than under the project.
• Alternative 4 would also result in fewer economic and fiscal benefits with the
reduction in the overall development (Objective 9).
• Alternative 4 would not provide the same extent of community benefits as would
the project (Objective 10) since less affordable housing would be developed on
the Second Street Parcel.
• Alternative 4 would not meet Objective 11 (economically viability) to the same
extent as the project. Importantly, Alternative 4 would involve the removal of an
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existing 10-story hotel building and replacement of that structure with a new 7-
story hotel building, resulting in less desirable hotel rooms (even as to the
existing hotel) and market-rate residences as compared to the project. As a
result, hotel room rates and condominium sale prices would be reduced relative
to the project. At the same time, Alternative 4 would include many of the same
costs as the project (e.g., costs associated with closing the existing hotel,
constructing underground parking and publicly-accessible open space,
rehabilitating and seismic strengthening the historic Palisades Building, and
developing new deed-restricted affordable housing), thereby reducing economic
viability.
• In addition, Alternative 4 is infeasible because it does not adequately implement
or accommodate the City’s land use goals and policies. See Los Angeles
Conservancy v. City of W. Hollywood, 18 Cal. App. 5th 1031, 1041, 226 Cal.
Rptr. 3d 666, 674 (2017) (“In the context of project approval, a public agency
may find that an alternative is infeasible if it determines, … that an alternative
cannot meet project objectives or is impractical or undesirable from a policy
standpoint.”) (internal quotation omitted). Importantly, Alternative 4 does not
support to the same extent as the project the LUCE and DCP goals of expanding
housing in the Downtown or the City and Coastal Act goals encouraging the
development of housing and visitor-serving uses in the Downtown (and
specifically on the Hotel Parcel). Specifically, Alternative 4 would result in almost
30% fewer hotel rooms than the project (and fewer hotel rooms than the existing
conditions) and fewer affordable housing units (13) as compared to the project
(42 deed-restricted affordable units). Alternative 4 would accordingly also result
in fewer employment opportunities, less Transient Occupancy Tax (TOT) and
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fiscal benefits for the City, and fewer community benefits. Alternative 4 would
also not meet many of the design parameters set forth in the LUCE and DCP that
would be achieved with the project’s greater range of building heights and
setback areas within the Project Site. And Alternative 4 would not as fully support
the Hotel Parcel’s Established Large Site designation in the DCP given the Site’s
unique characteristics and potential to support growth within the City as
accompanied by a range of community benefits. In addition, Alternative 4 would
also not support the LUCE, DCP, and Coastal Act goals of encouraging the
development of housing to the same extent as the project in that, in addition to
providing fewer affordable housing units, Alternative 4 would also result in fewer
market rate housing units (45 units) than the project (up to 60 units).
• Further, Alternative 4 would still result in significant adverse impacts in all of the
same categories as the project. The impacts where the DEIR identifies
Alternative 4 as “environmentally superior” are “impacts” where the project will
itself result in less-than-significant impacts.
Additionally, based on the Fiscal Impact Analysis prepared by HR&A, the project is
anticipated to result in one-time construction-related economic impacts of 3,060 total jobs
(3,050 construction jobs on-site) and approximately $418 million in total economic output
and annual operations-related economic impacts of approximately 675 total jobs (214 total
net new jobs) and $122.6 million in annual economic output ($41.8 million in additional
economic output). In terms of fiscal impact, in the first year of stabilized operations, HR&A
estimates that the project’s net fiscal impact to the City’s General Fund would be
approximately $15.4 million ($8.1 million net new). Across the 26-year cumulative period, it
is estimated that the project’s net fiscal impact would be approximately $444.4 million
($218.3 million net new).
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SECTION 8. 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 9. The Final EIR found that the project would result in significant
unavoidable adverse impacts in the areas of construction vibration, historic resources,
construction effects, neighborhood effects, and transportation. Consistent with Section
15093 of the State 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 Section
2.8 of the Development Agreement, which is incorporated herein by reference:
• 100% Affordable Housing Project – Land Donation and Construction
Funding. Prior to issuance of a building permit for the Project, Developer will
donate the Second Street Property to an entity owned in whole or in part by a
non-profit housing provider to construct, own, and operate a minimum 42-unit
deed restricted 100% Affordable Housing Project. Developer will pay for all
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required entitlement and permit fees and will also provide any gap financing
needed to cover the difference between any commercial and/or tax credit
financing available, if any, for the 100% Affordable Housing Project and the
total cost to complete construction of the 100% Affordable Housing Project.
• Historic Preservation – Landmark Moreton Bay Fig Tree and Palisades
Building.
o The historic Moreton Bay Fig Tree serves as a focal point of the
Project and will be protected during all times of the Project’s
construction. To improve the Moreton Bay Fig Tree’s surrounding
landscape environment, the existing impermeable paved circular drive
installed in 1978 that encircles the Moreton Bay Fig Tree will be
removed and replaced with an elevated wood pedestrian deck which
will be supported by micropiles to allow improved airspace flow,
nutrients, and irrigation to reach the Moreton Bay Fig Tree’s roots. This
protective deck will be coupled with the construction of a new ring-
shaped bench designed to keep the public off the buttressed tree
roots. The new bench will permit visitors to sit beneath and enjoy the
historic Moreton Bay Fig Tree, while also serving to discourage
physical interaction with the Moreton Bay Fig Tree’s roots and trunk.
The Moreton Bay Fig Tree will continue to be pruned and cared for on
an ongoing basis under the supervision of an ISA (International Society
of Arboriculture) Certified Arborist.
o The Palisades Building will be rehabilitated. Rehabilitation and
restoration of the Palisades Building will make the building safer in light
of today's technical codes, rehabilitate and potentially restore its
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character-defining features, and ensure that the Palisades Building
endures for future generations. Specification on the treatment of the
brick exterior, terra cotta, roof, windows, and historic rooftop sign are
provided for in the Development Agreement; however, the proposed
rehabilitation and restoration of the Palisades Building will be subject to
review and approval through the Certificate of Appropriateness
process.
• Historic Preservation Interpretative Feature. The Developer will design and
install two or more exhibits on the Project Site (such as, but not limited to,
signage, artwork, and/or plaque) incorporating some or all of historic/cultural
information, imagery, photographs, plans, postcards, etc. interpreting aspects
of the Miramar’s history and its significance to the City more generally. At
least one exhibit will be located within the Publicly-Accessible Open Space. A
second Historic Preservation Interpretive Feature will be placed on the
Project Site in a location adjacent to the Ocean Avenue sidewalk in front of
Palisades Garden to further engage pedestrians.
• Publicly-Accessible Open Space, Prominent Piece of Art, and
Programming Plan.
o The Project includes approximately 14,000 SF of publicly-accessible
open space at Wilshire Boulevard and Ocean Avenue.
o The Developer will be required to provide a prominent piece of art in
the publicly-accessible open space (in addition to the Historic
Preservation Interpretive Feature referenced above).
o Programming is required to be provided in the Publicly-Accessible
Open Space, including a minimum of two signature annual events
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(e.g., holiday-related event, art show, musical performance or other
programming with broad community interest) and a minimum of two
additional programmed activities/events/classes per month (e.g.
showcase events for musicians or other artists, history/educational
events/classes, art classes or fairs, fitness classes, dance events,
etc.).
o Additional regulations pertaining to the open space (e.g., hours,
maintenance, a security plan, a minimum percentage of planted areas,
etc.) are set forth in the Development Agreement.
• Sustainable Design and Features.
o The project will further the LUCE's sustainability goal of increasing the
number of buildings constructed to LEED standards by obtaining a
minimum of LEEDv4 Platinum certification.
o The project will reduce water use by at least 30% below the 2019
CALGreen (Title 24) baseline for interior building water use compared
to existing conditions, which supports DCP Goal SI1 to reduce water
use through water efficiency and conservation programs. All on-site
irrigation of the Hotel Parcel’s landscaping will be achieved with non-
potable water. The project will be equipped with cistern systems for
capture and reuse of storm water. And the project will connect to the
distribution line for recycled water in Ocean Avenue in case the project
requires more water than is collected from runoff.
o The project will reduce energy use by at least 15% compared to
existing conditions, which supports LUCE and DCP policies, programs
and objectives that address sustainability, including energy
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conservation. Notably, the project will install photovoltaic panels on the
roof deck, and all swimming pools in the project will be heated using
solar energy.
o The project’s sustainability features will reduce GHG emissions
compared with existing on-site uses. Said reduction is considered a
core community benefit under the LUCE. The project will minimize the
GHG emissions relative to the existing Hotel Parcel conditions by
reducing water and energy use and incorporating water conservation,
energy conservation, and other green building features. These
sustainability measures are consistent with the City’s Green Building
Code, the Sustainable City Plan, the Climate Action and Adaption
Plan, AB 32, AB 375, SCAG Regional Transportation Plan/Sustainable
Communities Strategy, etc.
o The project will include electric vehicle chargers for use by residents,
guests and employees.
o The project will provide more than 300 bicycle parking spaces for
guests, employees, customers and residents.
o The Development Agreement requires a Transportation Demand
Management (TDM) plan, which includes, but is not limited to, physical
and programmatic elements such as transportation allowances for
employees choosing to commute using non-single occupancy vehicle
modes; a transportation coordinator; and incentives for both
employees and customers to use non-single occupancy vehicle
modes.
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• Enhanced Impact Fees and Monetary Contributions. The project provides
over $4.6 Million impact fees and monetary contributions for Affordable
Housing, Early Childhood Initiatives, Transportation and Pedestrian
Improvements, Economic Equity and Economic Recovery, Parks and
Recreation, Homelessness Programs, Senior Programs, and Affordable
Lodging.
• Local Hiring Program for construction and permanent employment. The
Development Agreement includes local hiring provisions for both construction
and permanent hotel employment, with a priority for residents of the Pico
neighborhood and low-income residents.
• Internship Program. The Development Agreement requires that the hotel
provide at least four internships during each school year to students who
attend a high school in Santa Monica or Santa Monica College with a priority
for residents in the 90404 zip code (i.e., the Pico Neighborhood).
• Community Meeting Space. The Development Agreement obligates the
project to provide meeting space for community groups and non-profit
organizations not less than twelve (12) times per year at City community
room rates.
• Subsidized Community Events and/or Hotel Stays. The Development
Agreement obligates the project to provide a cumulative annual discount of
not less than Twenty-Five Thousand Dollars ($25,000.00) to Santa Monica-
based non-profits for special events, including but not limited to room fee
waivers, food and beverage discounts, hotel night stays, and/or silent auction
items (e.g., gift certificates for hotel stays, food and beverage credits or spa
credits).
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SECTION 10. Consistent with CEQA Section 21081.6, the City Council adopts the
Mitigation Monitoring and Reporting Program, which is included as Chapter 11 of the Final
EIR, to mitigate or avoid significant effects of the project on the environment, as detailed in
Sections 4 and 5 of this resolution, and to ensure compliance during project implementation.
SECTION 11. 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, City Hall East, Santa Monica, California. The
custodian of these documents is Rachel Kwok, Environmental Planner.
SECTION 12. 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
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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. 11291 (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 Jara, McCowan, Winterer
Mayor Pro Tem O’Day
NOES: Councilmember Himmelrich, Mayor McKeown
ABSENT: Councilmember Davis
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
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