R113701
City Council Meeting: October 12, 2021 Santa Monica, California
RESOLUTION NUMBER 11370 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA MAKING FINDINGS NECESSARY TO ADOPT
THE 6TH CYCLE (2021-2029) HOUSING ELEMENT AND ADOPTING A STATEMENT
OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING AND
REPORTING PROGRAM
WHEREAS, the California Environmental Quality Act, California Public Resources
Code Section 21000 et seq.(“CEQA”) requires that cities consider the environmental
consequences of their actions before approving a project; and
WHEREAS, State Housing Element Law, California Government Code Sections
65580 et seq., requires the City to review and update the Housing Element of its General
Plan every eight years; and
WHEREAS, as the City prepares its 6th Cycle (2021-2029) Housing Element (the
“6th Cycle Housing Element” or “Housing Element Update”), the State is experiencing a
housing supply crisis, with housing demand far outstripping supply; and
WHEREAS, in 2018, California ranked 49th out of the 50 states in housing units per
capita; and
WHEREAS, the housing crisis has particularly exacerbated the need for affordable
homes at prices below market rates; and
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WHEREAS, the housing crisis has resulted in increased poverty and homelessness,
especially first-time homelessness, forced lower income residents into crowded and unsafe
housing in urban areas, and forced families into lower cost new housing in greenfields at the
urban-rural interface with longer commute times and a higher exposure to fire hazard; and
WHEREAS, California needs an estimated 180,000 additional homes annually to
keep up with population growth, and the Governor has called for 3.5 million new homes to
be built over 7 years; and
WHEREAS, the City has received a Regional Housing Needs Assessment (“RHNA”)
allocation for the 6th Cycle Housing Element of approximately 8,895 housing units, with
approximately 70 percent allocated as affordable housing; and
WHEREAS, this RHNA allocation will require the City to permit approximately 1,000
housing units annually between 2021 and 2029, 700 of which are required to be affordable
housing, representing an increase of approximately five times over the City’s RHNA
allocation for the 5th Cycle (2013-2021) Housing Element; and
WHEREAS, a Draft Environmental Impact Report (“Draft EIR”) for the 6th Cycle
Housing Element (“Project”) was published on July 1, 2021 and circulated for a period of 45
days, and a Final Environmental Impact Report (“Final EIR”) was published on September
14, 2021 which analyzes the environmental effects of the proposed Project; and
WHEREAS, after publication, subsequent revisions were made to the Final EIR; and
WHEREAS, the City Council, as Lead Agency, reviewed the Final EIR in full
compliance with CEQA and the CEQA Guidelines, Title 14, Division 6, Chapter 3 of the
California Code of Regulations; and
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WHEREAS, on October 13, 2021, the City Council certified that the Final EIR was
prepared in full compliance with CEQA and the CEQA Guidelines.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Consistent with CEQA Guidelines Section 15128, Section 4 of the Final
EIR and the Initial Study (Appendix A 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: aesthetics, agriculture and forestry resources, biological resources,
mineral resources, geology and soils, hazards and hazardous materials, hydrology and
water quality, and wildfire.
SECTION 2. Consistent with CEQA Guidelines Section 15091 and 15092, and as
analyzed in the Final EIR, the City Council finds that the following Project impacts would be
less than significant without mitigation: operational air emissions (specifically those issues
related to potential conflicts with applicable air quality plans as well as carbon monoxide
hotspots and odors), cultural resources (specifically those issues related to the potential
discovery of human remains), energy consumption, land use, construction and operational
greenhouse gas emissions, construction-related and operational noise, population and
housing, public services (specifically police protection and libraries), operational utilities and
service systems (specifically solid waste generation), and operational transportation
(specifically those issues related to potential conflicts with transportation plans, policies, or
regulations as well as geometric design hazards and emergency access).
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SECTION 3. Consistent with CEQA Guidelines Sections 15091 and 15092, and as
analyzed in the Final EIR, the City Council finds that, without mitigation, the Project could
result in significant adverse impacts as follows:
(a) The Final EIR determined that without mitigation, the Project could result in
significant adverse impacts related to exposure of sensitive receptors to toxic air
contaminants. Consistent with CEQA Guidelines Section 15091 and 15092, and as
analyzed in the Final EIR, the City Council finds that the following mitigation measure that
has been required for the Project will reduce these operational air quality impacts to a less
than significant level:
MM AQ-2 Interior Air Quality Protection. Applicants of new residential
development projects in the City that propose siting sensitive land uses within the
following zones shall be required to include design features necessary to reduce
exposure to diesel particulate matter (“DPM”) as a part of the early project design
process:
Distance from Interstate (I-) 10
• 1,300 feet from I-10 centerline (Pico Boulevard to Cloverfield Boulevard)
• 1,000 feet from I-10 centerline (Cloverfield Boulevard to SR-1)
• 600 feet from I-10 centerline (State Route [SR-] 1 [South] to Ocean Avenue)
Distance from SR-1
• 250 feet from SR-1 centerline
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New residential development within these zones shall be required to incorporate
project design measures, which as an example could include any one or more of the
following:
• Installation of 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 an air filtration system, such as the Lennox PureAir
system, with particulate filters that have a minimum efficiency reporting value
(“MERV”) of 12 to 15 (depending on the specific distance of the parcel from I-
10 or SR-1) for enhanced particulate removal efficiency capable of removing
a significant portion of the sub-1.0 micrometer sized particles expected from
diesel combustion as indicated by the American Society of Heating
Refrigerating and Air Conditioning Engineers (“ASHRAE”) Standard 52.2.
• Avoidance of operable windows on the side of the building facing I-10 or SR-1.
• Incorporation of dual-pane windows on all windows to make the building
exterior as “airtight” as possible to minimize air infiltration. The exterior
pressure envelope of the units should be sealed to achieve a tested air
leakage rate of no more than 3.0 unit volumes per hour using the blower door
ACH50 leak test, or equivalent.
• Location of any vents and roof penetrations or other air intakes facing away
from I-10 or SR-1 wherever possible. Doorways and entryways should also
be located away from I-10 or SR-1 to the extent feasible.
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• Though not required, location of outdoor areas away from I-10 or SR-1 (e.g.,
behind thick vegetation screens or within the interior courtyard portions of the
development).
Applicants shall be responsible for the preparation of a brief technical memorandum
that describes the effectiveness of the selected measures – within the context of the
Health Risk Assessment (“HRA”) prepared for the proposed Housing Element
Update – in reducing DPM emissions below South Coast Air Quality Management
District (“SCAQMD”) cancer risk thresholds of 10 cancer cases per million (1.0 x 10-
5).
The City shall codify this requirement such that review of the applicant-prepared, site-
specific analysis by City staff would be required as a part of the entitlement and
ministerial design review process. The proposed HVAC systems and other design
measures shall also be reviewed and approved by the City prior to occupancy of new
residential developments within the zones identified above.
(b) The Final EIR determined that without mitigation, the Project could result in
significant adverse impacts related to the disturbance of archaeological resources.
Consistent with CEQA Guidelines Section 15091 and 15092, and as analyzed in the Final
EIR, the City Council finds that the following mitigation measure that has been required for
the Project will reduce these impacts to archaeological resources to a less than significant
level:
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MM CR-2a Archaeological Data Recovery. For residential development projects
that have the potential to inadvertently uncover 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. For project sites
where substantial evidence (e.g., detailed descriptions, maps, photographs, etc.) has
been presented to the City to suggest the potential for previously unknown buried
archaeological resources, a Treatment Plan shall be prepared prior to issuance of
building permits by a Registered Professional Archaeologist (RPA) who is familiar
with urban historical resources. At a minimum, the Treatment Plan 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;
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• A research design outlining important prehistoric and historic-period themes
and research questions relevant to the known or anticipated sites in the study
area;
• 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
State and City preservation laws, this plan shall be reviewed and approved by the
Historic Landmarks Commission and the City of Santa Monica Community
Development Department prior to issuance of building permits.
MM CR-2b 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 (“California Register”), the site
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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 an RPA prior to
construction being resumed in the affected area. Work shall not resume until
authorization is received from the City.
(c) The Final EIR determined that without mitigation, the Project could result in
significant adverse impacts related to operational utilities and service systems (specifically
wastewater collection services). Consistent with CEQA Guidelines Section 15091 and
15092, and as analyzed in the Final EIR, the City Council finds that the following mitigation
measure that has been required for the Project will reduce these impacts to operational
utilities and service systems to a less than significant level:
MM UT-1 Public Infrastructure Financing Program. In addition to required
improvements to the water delivery system for individual projects under the Housing
Element Update, as needed, the City shall ensure adequate financing for funding of
infrastructure improvements to serve the City either through the City’s Capital
Improvement Program (“CIP”) or alternatively through a Public Infrastructure
Financing Program, including preparation of an Assembly Bill (AB) 1600 fee
justification study. If pursued, the Public Infrastructure Financing Program shall be
completed within 2 years of adoption of the proposed Housing Element Update. All
new residential development under the proposed Housing Element Update shall be
conditioned to be subject to payment of its fair share of any impact fees identified
under this program. The program shall determine the costs of and establish a funding
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program for the following capital improvements to upgrade water delivery as needed
to serve the demands of new land uses anticipated to occur under the proposed
Housing Element Update.
The Public Infrastructure Financing Program shall:
a) Identify the cost of improvements to or replacement of undersized lines within
the City.
b) Clearly apportion existing and projected demand on these facilities and costs
between existing users, the City, and proposed future development.
c) Identify potential funding mechanisms for water line construction, including the
equitable sharing of costs between new development, the City, and existing
users, including development impact fees, grants, assessments, etc.
d) Identify development impact fees for all residential development to ensure that
development pays its fair share of public infrastructure costs.
e) Include a regular fee update schedule, consistent with the City’s CIP.
Require the first update of the Public Financing Plan within 5 years following adoption
of the proposed Housing Element Update.
(d) The Final EIR determined that without mitigation, the Project could result in
significant adverse impacts related to the disturbance of tribal cultural resources. Consistent
with CEQA Guidelines Section 15091 and 15092, and as analyzed in the Final EIR, the City
Council finds that the following mitigation measure that has been required for the Project will
reduce these impacts to tribal cultural resources to a less than significant level:
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MM TCR-1 Tribal Consultation for Residential Developments. For new
residential developments requiring grading/excavation greater than 5 feet below
ground surface (bgs), prior to demolition, the project developer or project construction
contractor shall consult with the Gabrieleño Band of Mission Indians – Kizh Nation
regarding the cultural sensitivity of the project site and the potential for tribal cultural
resources to occur on-site. If substantial evidence (e.g., detailed descriptions, maps,
photographs, etc.) is presented by the Tribe to the City to suggest the potential for
Tribal Cultural Resources to be affected, the project developer shall retain a Native
American monitor to be present during project construction excavations such as
clearing/grubbing, grading, trenching, or any other excavation activities. The
appropriate Native American monitor shall be identified using the most recent contact
list provided by the Native American Heritage Commission (“NAHC”). The frequency
of monitoring shall consider the rate of excavation and grading activities, proximity to
known cultural resources, the materials being excavated (e.g., younger alluvium
versus older alluvium), and the depth of excavation, and if found, the abundance and
type of prehistoric resources encountered. If, during initial ground disturbance, the
Native American monitor determines that the ground disturbing activities have little
or no potential to impact tribal resources, and/or the Native American monitor
determines that ground disturbances would occur within previously disturbed and
nonnative soils, full-time field observation shall be reduced to part-time inspections
or ceased entirely. This decision will be made in consultation with the Native
American monitor and the City. This mitigation measure shall not apply to projects
located within the City’s former claypit/landfill areas.
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SECTION 4. Consistent with CEQA Guidelines Section 15091 and 15092, and
15093, and as analyzed in the Final EIR, the City Council finds that the following Project
impacts cannot feasibly be avoided or mitigated to below a level of significance:
construction-related and operational criteria air pollutant emissions, historic cultural
resources, ground-borne vibration, public services (specifically fire protection services,
increases in enrollment at Santa Monica-Malibu Union School District, and recreational
facilities), utilities and service systems (specifically operational water demand), and
transportation (specifically total vehicle miles traveled [VMT]). Nevertheless, these impacts
are found to be acceptable due to overriding considerations as discussed in Section 7,
below.
(a) The Final EIR determined that without mitigation, the construction of new
residential development planned for under the proposed Housing Element Update would
result in criteria air pollutant emissions that could potentially exceed the air quality thresholds
recommended by the SCAQMD. Consistent with CEQA Guidelines Section 15091 and
15092, and as analyzed in the Final EIR, the City Council finds that mitigation measures
could reduce the Project’s impacts. However, the potential reductions resulting from
implementation of this mitigation measure cannot be quantified because information on
construction scheduling and project size for all individual residential development projects
likely to occur in the City are not available. Without such information, it is not possible to
conclude that air pollutant emissions resulting from construction activities would be reduced
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to below SCAQMD significance thresholds. For these reasons, construction air quality
impacts are conservatively concluded to be significant and unavoidable.
MM AQ-1 Criteria Pollutant Emissions Reduction Measures. New residential
development planned for under the proposed 6th Cycle 2021-2029 Housing Element
Update shall be required to comply with the following conditions during construction:
1. Diesel-powered equipment shall be retrofitted with after-treatment products
(e.g., engine catalysts and diesel particulate filters). The engine catalysts shall
achieve a minimum reduction of 15 percent for nitrogen oxides (NOx). The
diesel particulate filters shall meet U.S. Environmental Protection Agency
(“USEPA”) Tier 3 standards, consistent with California Air Resources Board
(“CARB”) approved Truck and Bus Regulation requirements in affect at the
time the contract is approved. Contract specifications shall be included in
construction documents, which shall be reviewed by the City prior to issuance
of a grading permit.
2. All heavy-duty diesel-powered equipment operating and refueling shall use
low-NOx diesel fuel to the extent that it is readily available and cost effective
(up to 125 percent of the cost of CARB diesel) in the South Coast Air Basin.
(This does not apply to diesel-powered trucks traveling to and from the
construction site.) Contract specifications shall be included in project
construction documents, which shall be reviewed by the City prior to issuance
of a grading permit.
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3. All heavy-duty diesel-powered equipment operations shall utilize a phased-in
emission control technology in advance of a regulatory requirement such that
30 percent of the fleet shall meet USEPA Tier 4 engine standards for
particulate matter control (or equivalent) starting in 2021 and for the duration
of construction, consistent with CARB approved Truck and Bus Regulation
requirements in affect at the time the contract is approved.
4. Construction equipment engines shall be maintained in good condition and in
proper tune per manufacturer’s specification for the duration of construction.
Contract specifications shall be included in project construction documents,
which shall be reviewed by the City prior to issuance of a grading permit.
5. Construction operations shall rely on the electricity infrastructure surrounding
the construction site if available rather than electrical generators powered by
internal combustion engines. Contract specifications shall be included in
project construction documents, which shall be reviewed by the City prior to
issuance of a grading permit.
6. Consistent with South Coast Air Quality Management District (“SCAQMD”)
Rule 403, fugitive dust control measures shall be implemented during each
phase of project development to reduce the amount of particulate matter
entrained in the ambient air. These measures shall include, but not be limited
to, the following:
a) Application of soil stabilizers to inactive construction areas;
b) Quick replacement of ground cover in disturbed areas;
c) Watering of exposed surfaces three times daily;
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d) Watering of all unpaved haul roads three times daily;
e) Covering all stock piles with tarp;
f) Reduction of vehicle speed on unpaved roads;
g) Post signs onsite limiting traffic to 15 miles per hour (mph) or less;
h) Sweep streets adjacent to the project site at the end of the day if visible
soil material is carried over to adjacent roads;
i) Cover or have water applied to the exposed surface of all trucks
hauling dirt, sand, soil, or other loose materials prior to leaving the site
to prevent dust from impacting the surrounding areas; and
j) Install wheel washers where vehicles enter and exit unpaved roads
onto paved roads to wash off trucks and any equipment leaving the
site each trip.
7. Construction-related equipment, including heavy-duty equipment, motor
vehicles, and portable equipment, shall be turned off when not in use for more
than 5 minutes. Consistent with the CARB Airborne Toxic Control Measure to
Limit Diesel-Fueled Commercial Motor Vehicle Idling (13 California Code of
Regulations [CCR] §2485), diesel-fueled commercial motor vehicles with
gross vehicular weight ratings of greater than 10,000 pounds shall be turned
off when not in use for more than 5 minutes.
8. Architectural coating (paint and primer) products shall comply with the low
volatile organic compound (VOC) requirements set forth in SCAQMD Rule
1113. Contract specifications shall be included in the proposed project
construction documents, which shall be approved by the City.
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Building materials that do not require painting shall be used during construction to
the extent feasible. Contract specifications shall be included in the project
construction documents, which shall be approved by the City. Pre-painted
construction materials should be used to the extent feasible.
(b) The Final EIR determined that without mitigation, residential development as
planned under the proposed Housing Element Update may exceed the project-specific air
quality standards recommended by the SCAQMD. New residential would integrate with and
contribute to a sustainable and multi-modal City intended to minimize vehicle trips and
reduce operational emissions, particularly given increased affordable housing, which may
reduce inbound commuter trips. However, when taken together, the total combined
operational emissions from energy use and vehicle trips from residential development
planned for under the proposed Housing Element Update would exceed SCAQMD
recommended thresholds, resulting in a potentially significant and unavoidable impact.
Consistent with CEQA Guidelines Section 15091 and 15092, and as analyzed in the Final
EIR, the City Council finds that full implementation of the City’s policies and regulations (e.g.,
Green Building Code, Zero Net Energy Ordinance, and Solar Ordinance requirements)
would reduce criteria pollutant emissions. Nevertheless, the potential operational criteria air
pollutant emissions would remain above SCAQMD significance thresholds. For these
reasons, operational air quality impacts are conservatively concluded to be significant and
unavoidable.
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(c) The Final EIR determined that construction of new residential development as
planned under the proposed Housing Element Update may expose sensitive receptors to
substantial pollutant concentrations in excess of the established localized significance
thresholds (LSTs) during construction. Consistent with CEQA Guidelines Section 15091 and
15092, and as analyzed in the Final EIR, the City Council finds that compliance with existing
City polices and regulations as well as SCAQMD rules, including the limiting of grading
activities during high winds and application of soil stabilizers to prevent fugitive dust, would
reduce air pollutant emissions from construction activities. Additionally, MM AQ-2 would
further reduce construction-related air emissions. However, the potential reductions in
construction-related emissions resulting from implementation of this mitigation measure
cannot be quantified because information on construction scheduling and project size for all
individual residential development projects likely to occur within the City are not available.
Without such information, it is not possible to conclude that air pollutant emissions resulting
from construction activities would be reduced to below LSTs for construction. For these
reasons, construction air quality impacts are conservatively concluded to be significant and
unavoidable.
(d) The Final EIR determined that without mitigation, it is conceivable that the
demolition or substantial modification of a historic resource could occur as a result of some
residential development projects under the proposed Housing Element Update, resulting in
the potential for a substantial adverse change in the significance of an historical resource as
defined in CEQA Guidelines Section 15064.5. Consistent with CEQA Guidelines Section
15091 and 15092, and as analyzed in the Final EIR, the City Council finds that mitigation
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measures could reduce the Project’s impacts. However, new residential development
projects planned for under the proposed Housing Element Update could still result in direct
impacts as a result of alteration and/or demolition or indirect impacts as a result of off-site
vibration. Therefore, impacts would remain significant and unavoidable.
MM CR-1a Incentives for Housing Projects. To encourage the preservation,
rehabilitation, restoration, and/or adaptive reuse of existing buildings, the City shall
implement Program 1.H. of the Project which will adopt policy and zoning changes
to incentivize the conversion of existing commercial tenant space to residential use,
such as relaxing parking, unit mix, open space, and other typical zoning or building
code requirements.
MM CR-1b Historic American Building Survey (HABS) Documentation. Prior to
the demolition or alteration of an identified historic resource on the Historic
Resources Inventory (HRI) that cannot comply with the Secretary of the Interior’s
Standards for the Treatment of Historic Properties, historical resources shall be
documented to the standards of the HABS Document Level II.
MM NOI-1 would also apply.
(e) The Final EIR determined that without mitigation, construction of new
residential development planned for under the proposed Housing Element Update would
potentially expose adjacent persons or structures to temporary, excessive groundborne
vibration levels that would exceed thresholds. Consistent with CEQA Guidelines Section
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15091 and 15092, and as analyzed in the Final EIR, the City Council finds that mitigation
measures could reduce impacts. However, given that construction vibration levels could
exceed the threshold of 0.1 in/sec at nearby sensitive receptors even with implementation
of MM NOI-1, residual impacts are assumed to be significant and unavoidable.
MM NOI-1 Measures to Reduce Ground-borne Vibration. To reduce the
potential for construction-related vibration effects to structures, prior to the issuance
of a building permit, the project applicant shall perform an inventory of the structural
condition of any structures that are listed in the Historic Resources Inventory (“HRI”)
or that are more than 40 years of age and located within 50 feet of the construction
site. Based on a survey of the buildings’ structural condition, a vibration specialist will
determine the appropriate California Department of Transportation (“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, 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:
• Restrict the use of large bulldozers and other similarly large vibration-
generating equipment, so that the vibration-generating portion of the
equipment (i.e., 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
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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.
• 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 peak particle velocity
(“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. The monitoring system must
produce real-time specific alarms (via text message and/or e-mail 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 by individual project applicants,
with monitoring by the City of Santa Monica Community Development
Department. Results of the inspection must be logged. In the event damage
occurs, such damage shall be repaired. Such repairs shall be conducted in
consultation with a qualified preservation consultant and, if warranted, in a
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manner that meets The Secretary of the Interior’s Professional Qualification
Standards.
(f) The Final EIR determined that without mitigation, construction of new
residential development planned for under the proposed Housing Element Update would
potentially expose adjacent persons or structures to temporary, excessive groundborne
vibration levels that would exceed thresholds. Consistent with CEQA Guidelines Section
15091 and 15092, and as analyzed in the Final EIR, the City Council finds that mitigation
measures could reduce impacts. However, given that construction vibration levels could
exceed the threshold of 0.1 in/sec at nearby sensitive receptors even with implementation
of MM NOI-1, residual impacts are assumed to be significant and unavoidable.
(g) The Final EIR determined that increases in the City’s residential population
anticipated to occur under the proposed Housing Element Update would increase the
demand for fire protection services and would generate the need for new or physically
altered fire protection facilities, the construction of which may result in significant
environmental impacts. Given the uncertainties regarding the City’s future budget, the City
cannot guarantee funding for needed future construction or expansion of Santa Monica Fire
Department (SMFD) facilities and staff. This impact would be potentially significant and
unavoidable.
(h) The Final EIR determined that new residential development planned for under
the proposed Housing Element Update would result in expected increases in student
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enrollment, which would increase the demand on existing school facilities. Notwithstanding
Senate Bill (SB) 50, the payment of developer fees to the Santa Monica-Malibu Unified
School District and the previously allocated bond funding measures for facilities
improvements would not ensure a reduction in impacts. Given the limited revenue available
through developer fees for school facilities and the lack of availability of bond funds for facility
improvement through Measures BB, ES, and SMS, impacts on school facilities associated
with the proposed Housing Element would be potentially significant and unavoidable.
(i) The Final EIR determined that implementation of the proposed Housing
Element Update is anticipated to increase the use of existing neighborhood and regional
parks, which could cause the acceleration of substantial physical deterioration of these
facilities. Consistent with CEQA Guidelines Section 15091 and 15092, and as analyzed in
the Final EIR, the City Council finds that mitigation measures could reduce the Project’s
impacts. Although the City would continue to maintain existing parks and develop new parks
consistent with the vision of the Santa Monica General Plan Land Use and Circulation
Element (LUCE) and other City goals, implementation of the proposed Housing Element
Update would require the construction or expansion of recreational facilities that might have
a potentially significant adverse physical effect on the environment. Therefore, impacts
would be significant and unavoidable.
MM PS-1 Parks and Recreation Master Plan (PRMP) Update. The City shall
resume the update of the PRMP, as soon as funding permits. The PRMP shall
incorporate policies that support the development of new parks in park poor areas in
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an effort to achieve the Urban Land Institute and the National recreation and Park
Association goal of every resident being located within a 10-minute walk of a park or
beach.
MM PS-2 Parks and Recreation Development Impact Fee Update. The City shall
ensure adequate financing for funding of parks and recreation improvements through
and update to the parks and recreation development impact fee. The fees shall be
used to fund parks and recreation capital facilities, including land acquisition, parks
improvements, and facilities in an effort to achieve the Urban Land Institute and the
National recreation and Park Association goal of every resident being located within
a 10-minute walk of a park or beach.
MM PS-3 Great Park at Santa Monica Airport. The City shall continue to develop
plans for establishing a new public park at the Santa Monica Airport after its closure
on December 31, 2028 through a public process that considers expansion of public
space as well as possible bike lane infrastructure and high frequency transit service
to connect the potential park with other neighborhoods across the City.
(j) The Final EIR determined that the City’s existing and projected water supply
would be adequate to meet the increased water demand from the proposed Housing
Element Update and the City would have sufficient water supplies available to serve the
Project and reasonably foreseeable future development during normal, dry, and multiple dry
years. However, the increase in residential development planned for under the proposed
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Housing Element Update would create substantial increases in water demand which would
delay or inhibit the City’s ability to achieve water self-sufficiency by 2023, a key City policy
goal, which could create inconsistencies with City policy, a potentially significant impact.
(k) The Final EIR determined that the proposed Housing Element Update would
not exceed the City’s VMT Threshold 1: VMT per capita, which requires a project to generate
VMT below the existing City-wide average VMT per capita for that particular land use.
However, the proposed Housing Element Update would exceed the City’s VMT Threshold
2: Total VMT, which requires a project’s total VMT to be at least 16.8 percent below existing
City Business as Usual (BAU) VMT per capita. Consistent with CEQA Guidelines Section
15091 and 15092, and as analyzed in the Final EIR, the City Council finds that mitigation
measures could reduce the Project’s impacts. MM T-1 through -3 require future
transportation studies to develop and guide transportation network improvements and
transit service improvements, intended to help limit or reduce increases in VMT. However,
given that future recommendations cannot be identified without additional study and given
that the overall VMT-reducing effect of any future recommendations cannot be reasonably
forecast at this time, VMT impacts under the City’s Threshold 2 would remain significant and
unavoidable.
MM T-1 Residential Transportation Demand Management (TDM) Program. The
City shall conduct a future study of programmatic TDM activities to reduce residential
automobile trips, such as promoting: (1) resident travel support and incentives to
reduce vehicle-based trips; (2) the expansion of carsharing businesses/activities in
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the City; (3) the expansion of micromobility services in City; (4) autonomous and/or
low-emission goods delivery (e.g., e-bicycles and other land-based delivery modes)
and other programs and services. Collaborate with private sector partners and the
Transportation Management Organization to improve and expand use of these
services.
MM T-2 City-wide Transportation Impact Fee (“TIF”) Update. The City shall
prepare an update to the TIF to change the basic metric from trips to vehicle miles
traveled (VMT). The nexus study conducted when the City’s TIF was adopted in 2013
reflects the costs associated with specified transportation improvements and the
amount of new vehicle trips that can be attributed to projected land use changes.
Using VMT as the metric to relate the trip fee to land uses would better align with the
City’s current analytical framework for analyzing transportation impacts. TIF
revenues are used to construct infrastructure that support transit, bicycle, pedestrian
and active transportation trips for all purposes.
MM T-3 Connections to Purple Line. The City shall investigate the potential for
improving bus transit connections through higher frequency service and route
adjustments between Santa Monica and the planned stations on the Metro Purple
Line (D Line) at the West Los Angeles Veterans Affairs Campus station or from the
Westwood station. Construction on this section of the subway extension began in
2019 and operation is planned to begin in 2027. Investigate the potential for creating
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a protected bicycle facility to complement high frequency transit service to the Metro
Purple Line (D Line).
SECTION 5. The Final EIR analyzed three alternatives to the originally proposed
Project. The No Project Alternative (Alternative 1) represents a scenario where the proposed
Housing Element Update would not be adopted by the City. This alternative assumes that
future growth within the City would occur in accordance with existing adopted plans, policies,
and regulations. While a lower level of residential development and affordable housing
development would continue, the City would satisfy the State-mandated 6th Cycle Regional
Housing Needs Allocation (“RHNA”), as determined by the Southern California Association
of Governments (“SCAG”). Alternative 2 (Transit-Oriented Housing Development on Fewer
Sites Alternative) would plan for up to 8,895 to approximately 11,000 dwelling units.
However, under Alternative 2, new residential development would be concentrated within
three areas of the City: the Downtown/Civic Center, Bergamot Area, and Memorial Park.
Given that Alternative 2 would plan for the same number of dwelling units within fewer
individual sites within the City, Alternative 2 would require taller building heights and greater
density in order to achieve the housing production required by the 6th Cycle RHNA.
Implementation of Alternative 2 would support the LUCE’s strategy to encourage housing
production around the Metro E (Expo) LRT stations. However, this approach would not align
with new State Housing Law requirements. In particular, Assembly Bill (AB) 686 mandates
that cities and counties affirmatively further fair housing, meaning that they must foster
inclusive communities free from barriers for the development of equitable housing access
and affordable housing spread more broadly through the community. Under the Quantified
Objective Alternative (Alternative 3) the numerical housing targets for the City would be
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lowered from 8,895 dwelling units under the 6th Cycle RHNA to 5,363 dwelling units. The
Quantified Objective Alternative presents a development goal of 5,363 net new dwelling
units, of which 2,148 units (approximately 40 percent) would be affordable. Given the
uncertainty of available funding resources from the State and other sources, this reduced
development goal would be more feasible for the City.
The Final EIR found that the Quantified Objective Alternative (Alternative 3) would
be the environmentally superior alternative. In evaluating alternatives under CEQA, different
weights may be assigned to the relative importance of specific environmental impacts. In
comparing the alternatives to the proposed Housing Element Update, more weight was
given to air quality, cultural resources, noise, public services, utilities and transportation
effects than to other resource area impacts, primarily considering the importance of these
issue areas to have the most significant and irreversible impacts. However, in addition to
these resource areas, additional importance was placed on how and to what extent each of
the alternatives accomplish the goals and objectives of the proposed Housing Element
Update. The Quantified Objective Alternative (Alternative 3) would reduce significant and
unavoidable impacts related to construction and operational criteria pollutant emissions and
ground-borne vibration as described for the proposed Housing Element Update. However,
impacts to these environmental issue areas would remain significant and unavoidable.
Additionally, while impacts related to domestic water supply, wastewater collection services,
and public services – including fire protection services, schools, and parks and recreation –
would be reduced, these impacts would not be substantially reduced to a level that is less
than significant. Additionally, the Quantified Objective Alternative would result in slightly
greater impacts to transportation as it would generate a higher combined total VMT for
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residents and employees than what would occur under the proposed Housing Element
Update. This is largely due to the reduced number of dwelling units, which would not address
the City’s existing major jobs-housing imbalance to the same extent as the proposed
Housing Element Update. With respect to meeting the basic Project objectives, the
Quantified Objective Alternative would generally establish and implement similar policies,
development standards, and programs as the proposed Housing Element Update.
Additionally, implementation of Quantified Objective Alternative would meet many of the
principles and goals of the proposed Housing Element Update; however, the number of
dwelling units planned for through the 2030 planning horizon would not meet the City’s 6th
Cycle RHNA. If the California Department of Housing and Community Development (HCD)
determines that a Housing Element fails to substantially comply with the State law, there are
potentially serious consequences including limited access to State funding as well as
potential for lawsuits. When a jurisdiction’s Housing Element is found to be out of
compliance, its General Pan is at risk of being deemed inadequate, and therefore invalid. If
a jurisdiction is sued over an inadequate general plan, the court may impose requirements
for land use decisions until the jurisdiction brings its General Plan – including its Housing
Element – into compliance with State law.
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 6th Cycle
Housing Element and mitigation measures designed to address those impacts. In making
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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 associated with construction-related and operational criteria
air pollutant emissions, historic cultural resources, ground-borne vibration, public services
(specifically fire protection services, increases in enrollment at Santa Monica-Malibu Union
School District, and recreational facilities), utilities and service systems (specifically
operational water demand), and transportation (specifically total VMT). Consistent with
CEQA Guidelines Section 15093, 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 proposed Housing Element Update would:
• Plan for adequate capacity to satisfy the State-mandated 6th Cycle RHNA for the
City, as required by Housing Element Law. As previously described in Section 5,
above, if HCD determines that the City’s Housing Element Update is not in
substantial compliance with Housing Element law, there are potentially serious
consequences including limited access to State funding as well as potential for
lawsuits. When a jurisdiction’s Housing Element is found to be out of compliance,
its General Plan is at risk of being deemed inadequate, and therefore invalid. If a
jurisdiction is sued over an inadequate General Plan, the court may impose
requirements for land use decisions until the jurisdiction brings its General Plan
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– including its Housing Element – into compliance with State law.) Further, under
State Housing Element law, if the City fails to adequately plan for its RHNA, the
Housing Element Update would be subject to legal challenge, the City’s ability to
control land use decisions related to certain housing projects would be limited,
and the State could pursue multiple enforcement actions against the City,
including, but not limited to, judicial action, fines of at least $10,000 per month,
and loss of eligibility for grants and state funding programs.
• Increase housing production for all, with an emphasis on affordable housing.
• Promote greater housing stability for existing residents at risk of displacement.
• Locate housing close to daily services and amenities like transportation, jobs,
parks, and schools in addition to places around the City that have historically not
accommodated housing.
• Facilitate equitable housing access to all neighborhoods by expanding access to
housing opportunities and overcoming patterns of segregation by planning for
housing in areas that have historically excluded diverse housing opportunities.
The proposed Housing Element Update would also achieve each of the following
seven goals:
• Goal 1 Overall Housing Production: Production of new housing that is
sustainable, innovative, safe and resilient; is appropriate with the surrounding
neighborhood; offers opportunities for active and healthy living, including walking
and biking; and increases equitable housing opportunities.
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• Goal 2 Affordable Housing Production: Affordable housing production that is
suitable for all income categories, including for the community’s workforce and
most vulnerable communities.
• Goal 3 Preserve Existing Housing: Preservation of the existing supply of housing
and prevent displacement of existing tenants.
• Goal 4 Equitable Housing Access: A community that provides equitable housing
access to all neighborhoods.
• Goal 5 Address Homelessness: Housing for persons experiencing
homelessness.
• Goal 6 Housing Assistance: Provision of housing assistance and supportive
programs and services to extremely low-, very low-, low-, and moderate-income
households and households with special needs, families, seniors, and the
homeless.
• Goal 7 Anti-Discrimination in Housing: Eliminate housing discrimination on the
basis of race, color, religion, sex, gender, gender identity, gender expression,
sexual orientation, age, marital status, national origin, ancestry, familial status,
income level, source of income, disability, veteran or military status, genetic
information, or other such characteristics.
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
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environment, as described in Sections 3 and 4 of this resolution, and to ensure compliance
during Project implementation.
SECTION 9. Consistent with Public Resources Code Section 21081.6(d), 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 10. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
JOSEPH LAWRENCE
Interim City Attorney
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Adopted and approved this 12th day of October 2021.
__________________________
Sue Himmelrich, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11370 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 12th day of October 2021, by the following vote:
AYES: Councilmembers Brock, Davis, De la Torre, Negrete, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
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