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
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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
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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
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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
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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
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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
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(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
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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
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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
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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
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