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R114421 EIR Certification and Findings Resolution City Council Meeting: July 14, 2022 Santa Monica, California RESOLUTION NUMBER 11442 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE OCEAN AVENUE PROJECT 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 CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3 of the California Code of Regulations) 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 stra tegy 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 DocuSign Envelope ID: D30D19CA-0553-4717-A217-1A23B425E226 2 WHEREAS, the Ocean Avenue Project (the “Project”) is (a) located within a transit priority area as it is within 0.5 mile of a major transit stop, the Downtown Santa Monica station for the Metro (E) Light Rail line, 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 C alifornia Association of Government’s (“SCAG’s”) adopted 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (as discussed in Section 3.10, 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 Ocean Avenue Project in compliance with CEQA’s EIR requirements, which EIR provides for informed decision -making about the potential environmental effects of the Project; and WHEREAS, a Notice of Preparation (“NOP”) of an EIR for the Ocean Avenue Project was published and circulated on December 21, 2018; and WHEREAS, a Notice of Completion/Notice of Availability of a Draft Environmental Impact Report (“Draft EIR”) was published on May 18, 2020 in compliance with the CEQA and the State CEQA Guidelines, Title 14, Division 6, Chapter 3 of the California Code of Regulations; and WHEREAS, the Draft EIR was circulated for a 90-day period which ended on August 17, 2020, exceeding the minimum 45-day period required under CEQA; and DocuSign Envelope ID: D30D19CA-0553-4717-A217-1A23B425E226 3 WHEREAS, the Draft EIR analyzed the potential environmental impacts that could result from the proposed Project and five alternatives; and WHEREAS, the Final Environmental Impact Report (“Final EIR”) that includes responses to written comments on the Draft EIR was published in June 2022; and WHEREAS, the Final EIR analyzes the environmental effects of the Ocean Avenue Project, the site-specific amendment to the 1992 Local Coastal Program Land Use Plan, Development Agreement, and establishment of a pedestrian mall on a portion of First Court alley adjacent to the Project site ; and WHEREAS, the Final EIR also analyzes the environmental effects of five alternatives: Alternative 1 – No Project Alternative, Alternative 2 – DCP Tier II Mixed-Use Housing Projects Compliant with Ocean Transition (OT) and Bayside Conservation (BC) Districts, Alternative 3 – Maximum 84-Foot Building Height (Reduced Floor Area Ratio [FAR] / Development), Alternative 4 – Retention of Existing City-Designated Landmarks and 101 Santa Monica Boulevard Alternative, and Alternative 5 – Revised Circulation Alternative; and WHEREAS, on May 18, 2022, the Planning Commission received public testimony and written submittals, reviewed and considered the City staff report and the Final EIR, and engaged in a deliberative process; and WHEREAS, after considering all such oral and written testimony at the public hearing on May 18, 2022, the Planning Commission recommended that the City Council approve the project, find that the project is exempt from CEQA pursuant to CEQA Guidelines Section 15182, and certify the Final EIR; and DocuSign Envelope ID: D30D19CA-0553-4717-A217-1A23B425E226 4 WHEREAS, on July 14, 2022 the City Council, received public testimony and written submittals, including the Final EIR, and engaged in a deliberative process; and WHEREAS, after considering all such oral and written testimony in its decision-making process, the City Council desires to consider approval of the project; and WHEREAS, the City Council as lead agency has reviewed and considered the contents of the Final EIR in its decision-making process, and independently determined that the Final EIR has been prepared in accordance with the California Environmental Quality Act (“CEQA”) (Public Resources Code sections 21000 et seq.) and CEQA guidelines; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds the Ocean Avenue Project (the “Project”) exempt from CEQA pursuant to CEQA Guidelines Section 15182. Specifically, the Project is located in a transit priority area, as it is within 0.5 mile of a major transit stop, the Exposition Light Rail Line Downtown Santa Monica station for the Metro (E) Light Rail line, 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 Regional Transportation Plan/Sustainable Communities Strategy (as DocuSign Envelope ID: D30D19CA-0553-4717-A217-1A23B425E226 5 discussed in Section 3.10, Land Use and Planning, of the Project’s EIR). Lastly, as confirmed by the EIR, the Project does not cause any new significant impacts, or worsen any previously-identified significant impacts, than those identified in the DCP EIR. SECTION 2. The City Council hereby certifies that: 1. The Final EIR for the Ocean Avenue Project (“Project”) was completed in full compliance with State law and the CEQA Guidelines, there was adequate public review of the Draft EIR, and the Final EIR adequately analyzes all potentially significant environmental issues; and 2. The Final EIR was presented to the City Council, and the City Council has reviewed and considered the information contained in the Final EIR, including all comments on the Draft EIR and responses to comments, in its decision-making process prior to acting on the Project; and 3. The Final EIR reflects the independent judgement and analysis of the City. SECTION 3. Consistent with Section 15128 of the State CEQA Guidelines, Section 4.5 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, Biological Resources, Mineral Resources, Population, Employment and Housing, Public Services, Recreation, and Wildfire. 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 DocuSign Envelope ID: D30D19CA-0553-4717-A217-1A23B425E226 6 impacts would be less than significant without mitigation for aesthetic and shade/shadow effects, air quality (consistency with applicable air quality plans, operational emissions, and odors), cultural resources (disturbance of human remains), energy, geology and soils (geotechnical hazards and soil erosion), greenhouse gas emissions, hydrology and water quality (groun dwater, drainage, and consistency with applicable water quality control plans and sustainable groundwater management plans), land use and planning (division of an established community and consistency with applicable land use plans, policies, and regulations), operational noise, transportation (consistency with applicable programs, plans, ordinances, and policies and geometric hazards), and utilities (operational water demand, domestic water infrastructure, wastewater treatment facilities, and solid waste). 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 Project impacts finds that the following Project impacts could be reduced to a less than significant level with the implementation of mitigation measures established in Section 11 of the Final EIR: air quality (construction-related volatile organic compound emissions); cultural resources (potential impacts on onsite City- designated Landmarks and potential disturbance of archaeological resources); geology and soils (potential disturbance of paleontological resources); hazards and hazardous materials (potential release of hazardous building materials and other contaminates located onsite); noise (construction-related noise impacts); transportation (construction-related emergency access); tribal cultural resources DocuSign Envelope ID: D30D19CA-0553-4717-A217-1A23B425E226 7 (inadvertent discoveries of tribal cultural resources during construction); and utilities (wastewater generation/construction of wastewater facilities). SECTION 6. Consistent with Sections 15091 and 15092 of the State CEQA Guidelines and as analyzed in the Final EIR, the City Council finds that the following Project impacts cannot feasibly be avoided or mitigated to below a level of significance: construction effects, cultural resources, and noise effects (potential for groundborne vibration to affect an offsite historic structure) as well as neighborhood effects and transportation (traffic impacts on intersection level of service pursuant to the City’s previously adopted Traffic Study Guidelines and the City’s adopted significance criteria at the time of the NOP issuance and Draft EIR release). SECTION 7. The Final EIR found that Alternative 3 (Maximum 84-Foot Building Height [Reduced FAR/Development]) is the environmentally superior alternative as it would have larger, more notable reductions to transportation impacts and temporary construction-related impacts to air quality and noise. Alternative 3 would be consistent with relevant City, Regional and Coastal Commission policies and regulations, and would help fulfill a range of policies and regulations. Alternative 3 would be consistent with the Coastal Act, 1992 Land Use Plan of the Local Coastal Program, and Local Coastal Program Update Land Use Plan Final Draft, October 2018 by providing a mix of visitor-serving and residential uses. At the same time, Alternative 3 would implement policies in the 2016 – 2040 Regional Transportation Plan/Sustainable Communities Strategy and City plans including the Land Use and Circulation Element, the Downtown Community Plan, and the 2013 – 2021 Housing Element. These policies address a range of uses DocuSign Envelope ID: D30D19CA-0553-4717-A217-1A23B425E226 8 and multiple needs that pertain to the provision of housing in the Downtown area and the development of Downtown as a mixed-use community with pedestrian and transit availability for City residents. However, Alternative 3 would not meet the project objectives to the same extent as the Project. In particular, Alternative 3 would eliminate the publicly-accessible rooftop observation deck described for the Project. Additionally, due to the substantial reduction in hotel guestrooms from 120 under the Project to 55 under this alternative, Alternative 3 would be less consistent with Coastal Act Section 30252, which calls for new development to "enhance public access to the coast" and Policy 201 of the Local Coastal Program Update Land Use Plan Final Draft, October 2018, which encourages “overnight visitor accommodations and related support facilities such as shops, restaurants and cultural uses that serve visitors and the local community alike shall be priority uses” along the east side of Ocean Avenue between Colorado Avenue and California Avenue, which includes the Project site. Additionally, this alternative would not provide affordable and market-rate housing to the same extent as the Project due to the reduction in residential units. 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 Project and mitigation measures designed to address those impacts. In making these findings, the City DocuSign Envelope ID: D30D19CA-0553-4717-A217-1A23B425E226 9 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. Consistent with Public Resources Code Section 21081.6, the documents which constitute the record of proceedings for approving this Project are located in the Community Development Department, 1685 Main Street, Santa Monica, California. The custodian of these documents is Rachel Kwok, Environmental Planner. SECTION 10. The City Clerk shall certify the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: DOUGLAS SLOAN City Attorney DocuSign Envelope ID: D30D19CA-0553-4717-A217-1A23B425E226 Adopted and approved this 14th day of July 2022. __________________________ S u e H i m m e l r i c h , M a y o r I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11442 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 14th day of July 2022, by the following vote: AYES: Councilmembers Brock, Davis, Negrete, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember de la Torre A T T E S T : _____________________________________ Denise Anderson-Warren, City Clerk DocuSign Envelope ID: D30D19CA-0553-4717-A217-1A23B425E226