R114431
EIR SOC MMRP Resolution
City Council Meeting: July 14, 2022 Santa Monica, California
RESOLUTION NO. 11443 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA MAKING FINDINGS NECESSARY TO APPROVE
THE OCEAN AVENUE PROJECT AND ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS AND THE 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 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, including the Exposition Light
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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, (b) 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), 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 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
provides for informed decision-making about the potential environmental effects of the
Project; and
WHEREAS, a Draft Environmental Impact Report was published on May 18, 2020
for a period of 90 days, in recognition of the COVID-19 pandemic and the associated public
health guidelines at the time, and a Final Environmental Impact Report ("Final EIR") was
published in June 2022, which analyze the environmental effects of the Ocean Avenue
Project; and
WHEREAS, the Santa Monica City Council, as Lead City Agency, reviewed the
Final EIR and considered the information contained in the Final EIR, including all comments
on the Draft EIR and responses to comments, in full compliance with State CEQA
Guidelines; and
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WHEREAS, on July 14, 2022, the City Council certified that the Final EIR was
prepared in full compliance with State law and the CEQA Guidelines;
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 st op, including
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 discussed in Section 3.10, 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 compre hensive responses to how the project
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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 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, 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. As
discussed in Section 4.5 of the Final EIR, the following two mitigation measures from the
adopted Mitigation Monitoring and Reporting Program from the DCP Program EIR (State
Clearinghouse No. 2013091056) are applicable to the Project:
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.
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DCP MM PS-2: The City shall require applicants of development projects over a
specifies 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 private security patrols for the property. Private security patrols shall
work in coordination with the SMPD. The plan shall be subject to review and
approval by the SMPD.
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 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 (groundwater, drainage, and consistency with applicable water quality control
plans and sustainable groundwater management plans), land use and planning (division
of an established community, 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 (operatio nal water
demand, domestic water infrastructure, wastewater treatment facilities, and solid waste).
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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 with the
implementation of mitigation measures established in Section 11 of the Final EIR. 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 associated with construction -related air emissions,
particularly volatile organic compounds (VOCs). 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 mitigation measure that has been required for the Project will
reduce the Project's construction-related air quality impacts to below levels of
significance:
MM AQ-1: Super Compliant Coatings. To reduce VOC levels during the
architectural coating phase, low VOC-emission paint shall be used with levels of
10 g/L or less (e.g., paints from the SCAQMD’s list of Super Compliant
Architectural Coatings, such as Benjamin Moore Natural Odorless, Zero VOC
Paint). The Applicant or construction contractor shall also utilize high -pressure
low-volume (HPLV) paint applicators with a minimum transfer efficiency of at least
50 percent. The Applicant or construction contractor shall implement additional
measures to reduce daily and quarterly VOC levels related to architectural
coatings to the extent determined feasible by the City and APCD, such as
extending coating applications by limiting daily coating activities. City staff sha ll
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ensure measures are depicted on all submitted building and construction plans
submitted to City prior to the issuance of building permits. City building inspectors
shall ensure compliance.
(b) The Final EIR determined that without mitigation, the Project could result in
significant adverse impacts associated with construction-related activities. 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 the majority of these impacts to below levels of significance:
MM CE-1: The Applicant shall prepare, implement and maintain a Construction
Impact Mitigation Plan (CIMP) for review and approval prior to issuance of a
building permit to address manage traffic during construction and shall be
designed to:
• Prevent traffic impacts on the surrounding street network
• Minimize parking impacts both to public parking and access to private parking
to the greatest extent practicable
• Ensure safety for both those constructing the proposed Project and the
surrounding community
• Prevent substantial truck traffic through residential neighborhoods
• Provide for coordination with the Metro regarding the Metro layover zone on
2nd Street regarding traffic controls.
• Provide for coordination with adjacent or nearby construction projects
The CIMP shall be subject to review and approval by the following City
departments: Public Works, Fire, Community Development, and Police to ensure
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that the Plan has been designed in accordance with this mitigation measure and
meets City standards. This review shall occur prior to issuance of grading or
building permits. It shall, at a minimum, include the following:
Ongoing Requirements throughout the Duration of Construction
• A detailed CIMP for work zones shall be maintained. At a minimum, this shall
include parking and travel lane configurations; warning, regulatory, guide, and
directional signage; and area sidewalks, bicycle lanes, and parking lanes. The
plan shall include specific information regarding the project’s construction
activities that may disrupt normal pedestrian and traffic flow and the measures
to address these disruptions. Such plans shall be reviewed and approved by
the Strategic and Transportation Planning Division prior to commencement of
construction and implemented in accordance with this approval.
• Work within the public right-of-way shall be performed between 9:00 AM and
4:00 PM. This work includes dirt and demolition material hauling and
construction material delivery. Work within the public right-of-way outside of
these hours shall only be allowed after the issuance of an after-hours
construction permit.
• An Applicant-funded onsite monitor shall be present to ensure safety when
Metro workers are in the immediate vicinity, or when more dangerous activities
are occurring (e.g., raising of heavy equipment to roof levels). The CIMP shall
identify the activities that would prompt the presence of an onsite monitor.
• Streets and equipment shall be cleaned in accordance with established Public
Works Department requirements.
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• Trucks shall only travel on a City-approved construction route. Truck
queuing/staging shall not be allowed on City streets. Queuing may occur on
the construction site itself to the extent there is space available on the
construction site.
• Materials and equipment shall be minimally visible to the public; the preferred
location for materials is to be onsite, with a minimum amount of materials
within a work area in the public right-of-way, subject to a current Use of Public
Property Permit.
• Any requests for work before or after normal construction hours within the
public right-of-way shall be subject to review and approval through the After
Hours Permit process administered by the Building and Safety Division.
• Provision of off-street parking for construction workers, which may include the
use of a remote location with shuttle transport to the site, if determined
necessary by the City.
• A Caltrans transportation permit shall be obtained for any transportation of
heavy construction equipment and/or materials on state highways.
• Vehicles hauling dirt and sediment materials on- and off-site must cover said
materials in plastic coverings to prevent unplanned spills.
Project Coordination Elements That Shall Be Implemented Prior to
Commencement of Construction
• The Applicant shall advise the traveling public of impending construction
activities (e.g., information signs, portable message signs, media
listing/notification, and implementation of an approved CIMP).
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• The Applicant shall obtain a Use of Public Property Permit, Excavation Permit,
Sewer Permit, or Oversize Load Permit, as well as any Caltrans permits
required, for any construction work requiring encroachment into public rights -
of-way, detours, or any other work within the public right-of-way.
• The Applicant shall provide timely notification of construction schedules to all
affected agencies (e.g., Big Blue Bus, Metro, Police Department, Fire
Department, Public Works Department, and Community Development
Department), and all owners and residential and commercial tenants of
property within a radius of 500 feet.
• The Applicant shall coordinate construction work with affected agencies in
advance of start of work. Approvals may take up to 2 weeks per each
submittal. Coordination with Metro regarding construction activi ties that may
impact Metro bus lines (e.g., Metro layover zone) or result in closures lasting
over 6 months shall be initiated at least 30 days in advance of construction
activities.
The Applicant shall obtain Mobility Division approval of any haul routes for
earth, concrete, or construction materials and equipment hauling.
(c) The Final EIR determined that without mitigation, the Project could result
in significant adverse impacts to onsite City-designated Landmark buildings. 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 applicable mitigation measure that has
been required for the Project will reduce the Project’s impacts to onsite City-designated
Landmark buildings below levels of significance:
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MM CR-1: The Applicant shall implement and comply with all of the measures
from the Historic Resources Technical Report – Ocean Avenue Project (2020)
prepared by Ostashay & Associates Consulting (see Appendix E). These
measures shall be formalized as a part of the Development Agreement Process,
identified in all final site plans, and implementation shall be confirmed by the City
prior to the issuance of any permit, demolition, abatement, grading/excava tion,
relocation, or rehabilitation work the two City-designated Landmark.
1. Archival Recordation Documentation. Prior to the issuance of any permit,
demolition, abatement, grading/excavation, relocation, or rehabilitation work
the two City- designated Landmarks onsite, the Applicant shall have prepared
recordation documents similar in format and content to an Historic American
Buildings Survey (HABS) Level III recordation document.
2. Preparation of a Preservation-Protection Plan. The Applicant shall develop a
Preservation-Protection Plan to support conformance with applicable The
Secretary of the Interior’s Standards for the Treatment of Historic Properties.
At a minimum, a Preservation-Protection Plan shall be prepared for the two
historic buildings and their associated character-defining features.
3. Historic Preservation Professional Oversight. Final site plans for the two City-
designated Landmark buildings onsite shall be developed in coordination with
a qualified historic preservation professional.
4. Santa Monica Landmarks Commission. The Applicant shall obtain a
Certification of Appropriateness (or equivalent approval pursuant to the
Development Agreement) issued by City Landmarks Commission.
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5. Compliance with The Secretary of the Interior’s Standards for the Treatment
of Historic Properties. Any maintenance, repair, stabilization, rehabilitation,
relocation, preservation, conservation, or reconstruction proposed for any
exterior portion of the City-designated Landmark Buildings shall comply with
The Secretary of the Interior’s Standards for the Treatment of Historic
Properties.
6. California Historic Building Code Compliance. Where applicable, any work for
code mitigations such egress, fire safety, railing heights, door widths, ADA
accessibility, etc. shall utilize and follow the perspective code of the California
Historical Building Code and the relevant guidelines specific in The Secretary
of the Interior’s Standards for the Treatment of Historic Properties and NPS
briefs, bulletins, references and guidelines.
7. Seismic Retro-Fit Plans and Reviews. Any and all seismic plans to stabilize
and retro- fit the two City-designated Landmark buildings shall be prepared
for the proposed Project and shall comply with the California Historical
Building Code and the relevant guidelines specific in The Secretary of the
Interior’s Standards for the Treatment of Historic Properties Standards and
NPS briefs, bulletins, references and guidelines. Such plans shall be
reviewed and approved by the historic preservation consultant for compliance
with The Secretary of the Interior’s Standards for the Treatment of Historic
Properties prior to formal submittal to the City for review, plan check, and
building and safety review.
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8. Project Plans and Reviews. Any and all project plans, including but not limited
to architectural, structural, mechanical, relocation, landscape plans shall be
prepared by the Applicant and reviewed and approved by the qualified historic
preservation professional for compliance with The Secretary of the Interior’s
Standards for the Treatment of Historic Properties prior to formal submittal to
the City for design review, plan check and building and safety review.
9. Historic Material Replacement. In compliance with The Secretary of the
Interior’s Standards for the Treatment of Historic Properties Standards, in
cases where the project would replace a distinctive historic feature or
material, the new feature shall match the old in design, type, color, texture,
profile, material, and overall appearance. Consistent with The Secretary of
the Interior’s Standards for the Treatment of Historic Properties, all such work
shall be accurately reproduced based on historical, pictorial, and physical
documentation and evidence. Such replacement of features shall be
supported by investigations and studies conducted as part of the
Preservation-Protection Plan prepared for this project.
10. Compatible New Construction. As the current site plans are considered
conceptual and such plans have not yet been finalized, it is po ssible that final
site plan could include elements that would result in a potentially significant
impact to the historic resources onsite. Therefore, for any new construction
proposed, the historic preservation consultant shall consult with the Applicant
team during the entire design process to insure that the new permanent built
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forms are compatible with the historic qualities and characteristics of the
historic buildings located within and adjacent to the Project site.
11. Relocation/Construction Monitoring. The Preservation-Protection Plan
requires the Applicant to retain a qualified historic preservation professional
with at least 7 years of relevant experience who satisfies the Secretary of the
Interior’s Professional Qualification Standards for History, Architectural
History, and/or Architecture pursuant to 36 CFR Part 61, to provide guidance
and oversight for the preservation, relocation, and rehabilitation of the two
City-designated Landmark buildings onsite. Once the project has been
approved and entitled, the historic preservation professional shall conduct
onsite construction monitoring during the relocation, demolition, excavation,
and construction phases of the project.
12. Vibration Impact Measures and Monitoring Assessments . in coordination with
the City and qualified historic preservation professional the Applicant shall
assure avoidance of vibration impacts to such resources and their associated
character- defining features, as identified in the Preservation -Protection Plan,
by preparing a pre-construction vibration survey report and post-construction
damage assessment survey report. These reports shall be prepared by a
qualified structural engineer with qualifications in completed historic
preservation projects that conformed to The Secretary o f the Interior’s
Standards for the Treatment of Historic Properties. These reports shall be
submitted to the City for review and approval prior to initiating any type of
construction work activity onsite (pre-construction vibration survey report) and
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upon completion of such work (post-construction damage assessment survey
report).
13. Shoring Impact Prevention. To ensure the protection of the onsite historic
resources during shoring and excavation, the Preservation-Protection Plan
shall describe the methodology for stabilizing and disconnecting both City
Landmarks from their existing foundations, placing them on temporary
support structures, and transferring them to a safe location on the Project site
such as the 101 Santa Monica Boulevard property before ex cavation is
commenced. After the two Landmarks are placed on their permanent
foundations, excavation would occur under and around them for construction
of the basement level of the Cultural Uses Campus and subterranean
parking. This aspect of the Preservation-Protection Plan shall reference
guidance from the publication of the National Park Service by John Obed
Curtis entitled, Moving Historic Buildings. The Preservation-Protection Plan
shall describe protective measures and monitoring that would be taken to
anticipate and prevent increased dust, vibration, and fire risk to the two
Landmark buildings consistent with “Temporary Protection, Tech Note No. 3,
Protecting a Historic Structure during Adjacent Construction,” published by
the Technical Preservation Services, National Park Service. The
Preservation-Protection Plan shall also include a construction employee
training program that emphasizes protection of historic resources for all
construction workers involved.
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14. Unanticipated Discoveries. The Applicant should be aware of the possible
encounter of unanticipated discoveries on site upon implementation of the
proposed Project, particularly during excavation, grading, demolition, and
relocation activities. In the event that any unusual or distinctive archi tectural
features associated with the design or use of the Landmark buildings are
encountered during site preparation, grading, demolition, excavation,
relocation, or construction activities around the two sites work shall be
immediately stopped and relocated from that area until it can be assessed by
the City or qualified onsite historic preservation consultant. Such features, if
determined to be important character-defining features of either building, it
shall be assessed, possibly salvaged, and reused in the project as directed by
the preservation consultant in coordination with the Applicant and City staff.
15. Interpretive Educational Program. To assist the public in understanding the
historical, cultural, and architectural significance of the City-designated
Landmarks commemorative interpretive signage, displays, and/or plaques
shall be created and incorporated into the Project site, particular as part of the
Cultural Use Campus. The displays, signage, plaques and exhibits created for
the site may incorporate salvaged “period appropriate” items from the historic
buildings and any historical information, photographs, postcards, plans and
illustrations, maps and brochures, etc. of the buildings, Ocean Avenue, the
downtown commercial area in a creative medium accessible or visible to the
public. The Applicant, in coordination with the historic preservation
professional shall prepare a technical memorandum detailing the historic
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interpretive program (exhibits) requirements, conceptual design and content,
and implementation schedule. This memorandum shall be reviewed by the
City Landmarks Commission staff liaison, the Landmarks Commission and
other interested parties, and shall be prepared to the satisfaction of the City of
Santa Monica. The Applicant shall submit quarterly reports (i.e. January,
April, July, and October) prepared by the historic preservation professional to
the City Landmarks Commission staff liaison documenting the progress of the
historic interpretive project (exhibits) implementation plan.
(d) The Final EIR determined that without mitigation, the Project could result
in significant adverse impacts related to the disturbance of previously unknown
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
measures have been required for the Project that will reduce these impacts to
archaeological resources to below levels of significance:
MM CR-2: Archaeological Construction Monitoring. Archaeological monitoring
shall be conducted by a qualified professional archaeologist familiar with the types
of prehistoric and historic-period archaeological resources that could be
encountered within the Project site. All grading, excavation, trenching, and site
preparation including vegetation removal between 2 and 6 feet bgs and existing fill
soils shall be monitored. A monitoring program shall be developed and
implemented prior to the commencement of construction activities to ensure the
effectiveness of monitoring.
DCP MM CR-3a: Archaeological Data Recovery: For projects that inadvertently
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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;
• Specific and well-defined criteria for evaluating the significance of discovered
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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
Planning and 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, the site
shall be avoided, or a data recovery plan shall be developed pursuant to MM CR -
3a. Any required testing or data recovery shall be directed by a RPA prior t o
construction being resumed in the affected area. Work shall not resume until
authorization is received from the City.
(e) The Final EIR determined that without mitigation the Project could result in
significant adverse impacts related to geology and soils (specifically, the disturbance of
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previously unknown paleontological resources). 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 applicable mitigation measures from the DCP EIR that have been
required for the Project 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.
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
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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 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 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 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.
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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.
(f) The Final EIR determined that without mitigation the Project could result in
significant adverse impacts related to hazards and hazardous materials (specifically, the
potential release of hazardous building materials and other contaminates located onsite).
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 applicable mitigation
measures from the DCP EIR that have been required for the Project will reduce the
Project’s impacts related to hazards and hazardous materials to below levels of
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significance:
DCP MM HAZ-2a.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-2a.b: Potential Onsite Hazardous Materials or Conditions. A visual
survey and reconnaissance-level investigation of the existing site shall be
conducted to determine if there are any structures or features within or near the
buildings that are used to store, contain, or dispose of hazardous materials. For
any development within the Downtown area that has not been subject to a Phase
I ESA or successful remediation efforts in the past, a Phase I ESA shall be
performed to determine the likelihood of contaminants in areas beyond what has
already been assessed in accordance with ASTM E 1527-05 as may be amended.
If the Phase I ESA finds that contaminated soil is suspected to be present within
any building excavation footprint or open space area, the Applicant shall perform
soil sampling and analysis to determine the extent of contamination. If
contaminants are detected in soil at or above regulatory levels, then the results of
the soil sampling shall be reviewed and acted upon by the SMFD or the Planning
Department and other regional or state regulatory agencies as needed.
DCP MM HAZ-2c: Discovery of Contamination. In the event that previously
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unknown or unidentified soil and/or groundwater contamination that could present
a threat to human health or the environment is encountered during constr uction 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
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 thereo f.
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.
DCP MM HAZ-2d: Soils Management Plan: For project sites with onsite soil
contamination, prior to approval of the first grading plan or issuance of the first
demolition permit, whichever occurs first, the project Applicant shall submit a soils
management plan and a transportation plan to the appropriate cleanup agency
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(e.g., Los Angeles RWQCB, DTSC, SMFD) for review and approval. The soils
management plan and transportation plan shall include the following tasks.
Soils Management Plan
Affected soils shall be either directly loaded into awaiting trucks for immediate
offsite disposal or temporarily stockpiled on plastic sheeting prior to load -out and
offsite disposal. If temporarily stockpiled, soil removed from the excavations shall
be placed next to or as close as possible to the excavation from which it came.
Prior to load-out, the construction contractor shall prepare waste profiles and
example waste manifests for approval by the receiving facilities. Soil and material
segregation, stockpile handling, truck loading, and storm water management
practices shall be followed during the remedial action according to the following.
Soil and Material Segregation
Overburden soils shall be screened with an organic vapor an alyzer (OVA) in
accordance with SCAQMD Rule 1166. Any significant quantities of construction
debris encountered during excavation shall be segregated and disposed of in
accordance with Federal, State, and local regulations. Soil cuttings during the
installation of soldier piles shall be disposed of offsite with any affected soils from
the deep excavation.
Stockpile Management
The stockpiled soils for load-out shall be segregated by waste classification:
• Nonhazardous waste.
• VOC-contaminated nonhazardous waste with OVA readings greater than 50
parts per million (ppm) but less than 1,000 ppm.
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• VOC-contaminated nonhazardous waste with OVA readings of 1,000 ppm or
greater. These soils shall be immediately sprayed with water or suppressant
and placed in a sealed container (roll-off bin) or directly loaded into a suitable
transport truck, moistened with water, and covered with a tarp for offsite
transportation to the appropriate disposal facility, as specified in the SCAQMD
Rule 1166 Mitigation Plan.
The temporary stockpiles containing affected soils shall be managed as follows:
• The temporary stockpiles for non-VOC contaminants shall be placed on plastic
sheeting and kept moist during working hours and covered with plastic sheeting
at the end of the day to control dust.
• The VOC-contaminated stockpiles shall be placed on plastic sheeting and
immediately covered with plastic sheeting. The edges of the plastic shall have
an overlap of at least 24 inches. The plastic shall be secured at the base of the
stockpile and along the seams of overlapping plastic sheeting with sandbags
or equivalent means. The stockpiles shall remain covered until load-out.
• Daily inspections of the stockpiles shall be conducted to verify the integrity of
the stockpile covers. Any gaps, tears, or other deficiencies shall be corrected
immediately. Daily records shall be kept of stockpile inspections and any
repairs made.
• If necessary, commercial vapor suppressants and sealants shall be prepared
and applied to VOC-contaminated soil in accordance with the manufacturer’s
recommendations.
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• During stockpile generation and removal, only the working face of the stockpile
shall be uncovered.
Decontamination Methods and Procedures
Each piece of equipment used for the excavation of affected soils shall have a
clean-out bucket or continuous edge across the cutting face of its bucket. No
excavation of affected soil shall be permitted with equipment utilizing teeth across
the cutting edge of its bucket.
Entry to the contaminated areas (i.e., work exclusion zones) shall be limited to
avoid unnecessary exposure and related transfer of contaminants. In unavoidable
circumstances, any equipment or truck(s) that come into direct contact with
affected soil shall be decontaminated to prevent the onsite an d offsite distribution
of contaminated soil. The decontamination shall be conducted within a designated
area by brushing off equipment surfaces onto plastic sheeting. Trucks shall be
visually inspected before leaving the site, and any dirt adhering to the exterior
surfaces shall be brushed off and collected on plastic sheeting. The storage bins
or beds of the trucks shall be inspected to ensure the loads are properly covered
and secured. Excavation equipment surfaces shall also be brushed off prior to
removing the equipment from contaminated areas.
Movement of affected soils from the excavation area to temporary stockpiles shall
be conducted using enclosed transfer trucks, if possible. If affected soils must be
moved within an open receptacle (e.g., loader bucket), the travel path for the loader
shall be scraped following this activity, with scraped soils placed in the temporary
stockpile for load-out.
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Sampling equipment that comes into direct contact with potentially contaminated
soil or water shall be decontaminated to assure the quality of samples collected
and/or to avoid cross-contamination. Disposable sampling equipment intended for
one-time use shall not be decontaminated, but shall be packaged for appropriate
offsite disposal.
Decontamination shall occur prior to and after each designated use of a piece of
sampling equipment, using the following procedures:
• Non-phosphate detergent and tap-water wash, using a brush if necessary.
• Tap-water rinse.
• Initial deionized/distilled water rinse.
• Final deionized/distilled water rinse.
Truck Loading
Trucks may be loaded directly from the excavation or temporary stockpile based
on truck availability and excavation logistics. Trucks shall be routed, and stockpile
areas shall be located so as to avoid having trucks pass through impacted areas.
The truckloads shall be wetted and tarped prior to exiting the site. All soil hauled
from the site shall comply with the following:
• Materials shall be transported to an approved treatment/disposal facility.
• No excavated material shall extend above the sides or rear of the truck/trailer.
• Trucks/trailers carrying affected soils shall be completely tarped/covered to
prevent particulate emissions to the atmosphere. Prior to covering/tarping, the
surface of the loaded soil shall be moistened.
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• The exterior of the trucks/trailers shall be cleaned off prior to leaving the site to
eliminate tracking of material offsite.
Storm Water Management
The good housekeeping practices prescribed in the City’s Urban Runoff Mitigation
Plan (SMMC Section 7.10.060) shall be implemented during soil excavation
activities to contain and control storm water runoff that might convey contaminated
or excessive sediments. If rainfall is expected, the areas around open excavations
shall be graded and bermed to prevent storm water from flowing into the
excavation. Any standing water that collects in the bottom of the excavations shall
be removed and handled in accordance with Federal, State, and local regulations.
The water shall be sampled and analyzed either as standing water in the
excavation or following containment in a temporary above-ground storage tank.
Depending on the volume of water and the sampling results, options for handling
the standing water could include:
• Pumping the standing water into temporary above-ground storage tanks for
reuse onsite for dust suppression.
• Pumping the standing water through filters and a carbon adsorption filter (if
required based on analytical results) prior to discharge to a storm drain, subject
to approval by the City of Santa Monica Water Resources Protection Programs
Division.
• Pumping the standing water into vacuum trucks for transport and disposal at a
recycling facility.
Transportation Plan
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All affected soils shall be transported offsite for lawful management and d isposal.
Prior to load-out, the construction contractor shall prepare waste profiles for the
receiving facility using analytical data from the previous environmental site
assessment.
(g) 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
analyzed in the Final EIR, the City Council finds that the following mitigation m easures
required for the Project will reduce the Project’s temporary, construction-related noise
impacts to below levels of significance:
MM NOI-1: Construction Noise Management Plan. A Construction Noise
Management Plan shall be prepared by the applicant and approved by the City.
The Plan would address noise and vibration impacts and outline measures that
would be used to reduce impacts. Measures would include:
• To the extent that they exceed the applicable construction noise limits,
excavation, foundation-laying, and conditioning activities shall be restricted to
between the hours of 10:00 a.m. and 3:00 p.m., Monday through Friday, in
accordance with Section 4.12.110(d) of the Santa Monica Municipal Code.
• The Applicant’s construction contracts shall require implementation of the
following construction best management practices (BMPs) by all construction
contractors and subcontractors working in or around the project sites to reduce
construction noise levels:
o The Applicant and its contractors and subcontractors shall ensure that
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construction equipment is properly muffled according to manufactures
specifications or as required by the City’s Department of Building and
Safety, whichever is the more stringent.
o The Applicant and its contractors and subcontractors shall place noise-
generating construction equipment and locate construction staging areas
away from sensitive uses, where feasible, to the satisfaction of the
Department of Building and Safety.
o The Applicant and its contractors and subcontractors shall implement noise
attenuation measures which may include, but are not limited to, noise
barriers or noise blankets to the satisfaction of the City’s Department of
Building and Safety.
• The Applicant’s contracts with its construction contractors and subcontractors
shall include the requirement that construction staging areas, construction
worker parking and the operation of earthmoving equipment within the Project
site, are located as far away from vibration- and noise-sensitive sites as
possible. Contract provisions incorporating the above requirements shall be
included as part of the Project’s construction documents, which shall be
reviewed and approved by the City.
The Applicant shall require by contract specifications that heavily loaded t rucks
used during construction shall be routed away from residential streets to the extent
possible. Contract specifications shall be included in the proposed Project’s
construction documents, which shall be reviewed by the City prior to issuance of a
grading permit.
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MM NOI-2: To reduce the potential for construction-related vibration effects to
structures, prior to the issuance of a building permit, the Applicant shall perform an
inventory of the structural condition of the onsite City -designated Landmarks at
1333 Ocean Avenue and 1337 Ocean Avenue as well as the offsite City -
designated Landmark at 1323 Ocean Avenue. 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, 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:
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., 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
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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. The
monitoring system must produce real-time specific alarms (via text message
and/or email to onsite personnel) when ve locities 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 offsite Gussie Moran House and onsite
historic City-designated Landmarks at 1333 Ocean Avenue and 1337 Ocean
Avenue, and the offsite City- designated Landmark at 1323 Ocean Avenue
such repairs shall be conducted in consultation with a qualified preservation
consultant and, if warranted, in a manner that meets the Secretary of the
Interior’s Standards. For the offsite Gussie Moran House, the contractor may
also locate the vibration monitors on or near the Project Site if access to t he
offsite Gussie Moran House 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 offsite building. The
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Project Applicant shall use good faith efforts to secure the voluntary
cooperation of the owner of the Gussie Moran House in allowing the Project
Applicant to comply with the requirements of this mitigation measure.
(h) The Final EIR determined that without mitigation the Project could result in
significant adverse impacts related to emergency access during construction. 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 mitigation measure that has been
required for the Project will reduce the Project’s temporary impacts related to emergency
access during construction to below levels of significance:
MM CE-1: The Applicant shall prepare, implement and maintain a Construction
Impact Mitigation Plan (CIMP) for review and approval prior to issuance of a
building permit to address manage traffic during construction and shall be
designed to:
• Prevent traffic impacts on the surrounding street network
• Minimize parking impacts both to public parking and access to private parking
to the greatest extent practicable
• Ensure safety for both those constructing the proposed Project and the
surrounding community
• Prevent substantial truck traffic through residential neighborhoods
• Provide for coordination with the Metro regarding the Metro layover zone on
2nd Street regarding traffic controls
• Provide for coordination with adjacent or nearby construction projects
The CIMP shall be subject to review and approval by the following City
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departments: public Works, Fire, Community Development, and Police to ensure
that the Plan has been designed in accordance with this mitigation measure and
meets City standards. This review shall occur prior to issuance of grading or
building permits. It shall, at a minimum, include the following:
Ongoing Requirements throughout the Duration of Construction
• A detailed CIMP for work zones shall be maintained. At a minimum, this shall
include parking and travel lane configurations; warning, regulatory, guide, and
directional signage; and area sidewalks, bicycle lanes, and parking lanes. The
plan shall include specific information regarding the project’s construction
activities that may disrupt normal pedestrian and traffic flow and the measures
to address these disruptions. Such plans shall be reviewed and approved by
the Strategic and Transportation Planning Division prior to commencement of
construction and implemented in accordance with this approval.
• Work within the public right-of-way shall be performed between 9:00 AM a nd
4:00 PM. This work includes dirt and demolition material hauling and
construction material delivery. Work within the public right -of-way outside of
these hours shall only be allowed after the issuance of an after-hours
construction permit.
• An Applicant-funded onsite monitor shall be present to ensure safety when
Metro workers are in the immediate vicinity, or when more dangerous activities
are occurring (e.g., raising of heavy equipment to roof levels). The CIMP shall
identify the activities that would prompt the presence of an onsite monitor.
• Streets and equipment shall be cleaned in accordance with established Public
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Works Department requirements.
• Trucks shall only travel on a City-approved construction route. Truck
queuing/staging shall not be allowed on City streets. Queuing may occur on the
construction site itself to the extent there is space available on the construction
site.
• Materials and equipment shall be minimally visible to the public; the preferred
location for materials is to be onsite, with a minimum amount of materials within
a work area in the public right-of-way, subject to a current Use of Public
Property Permit.
• Any requests for work before or after normal construction hours within the
public right-of-way shall be subject to review and approval through the After
Hours Permit process administered by the Building and Safety Division.
• Provision of off-street parking for construction workers, which may include the
use of a remote location with shuttle transport to the site, if determined
necessary by the City.
Project Coordination Elements That Shall Be Implemented Prior to
Commencement of Construction
• The Applicant shall advise the traveling public of impending construction
activities (e.g., information signs, portable message signs, media
listing/notification, and implementation of an approved CIMP).
• The Applicant shall obtain a Use of Public Property Permit, Excavation Permit,
Sewer Permit, or Oversize Load Permit, as well as any Caltrans permits
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required, for any construction work requiring encroachment into public rights-
of-way, detours, or any other work within the public right-of-way.
• The Applicant shall provide timely notification of construction schedules to all
affected agencies (e.g., Big Blue Bus, Metro, Police Department, Fire
Department, Public Works Department, and Community Development
Department), and all owners and residential and commercial tenants of
property within a radius of 500 feet.
• The Applicant shall coordinate construction work with affected agencies and
Downtown Farmer’s Market operators in advance of start of work. Approvals
may take up to 2 weeks per each submittal. Coordination with Metro regarding
construction activities that may impact Metro bus lines (e.g., Metro layover
zone) or result in closures lasting over 6 months shall be initiated at least 30
days in advance of construction activities.
The Applicant shall obtain Strategic and Transportation Planning Division approval
of any haul routes for earth, concrete, or construction materials and equipment
hauling.
(i) The Final EIR determined that without mitigation the Project could result in
significant adverse impacts related to inadvertent discoveries of tribal cultural resources
during construction. 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
mitigation measure that has been required for the Project will reduce the Project’s impacts
related to tribal cultural resources during construction to below levels of significance:
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MM TCR-1: Native American Construction Monitoring Prior to issuance of
demolition permit, a Native American tribal monitor from the Gabrieleño Band of
Mission Indians – Kizh Nation shall be retained by the Applicant. The appropriate
Native American monitor shall be selected based on 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 clearing/grubbing, grading, trenching, or any
other construction excavation activity associated with the project. The frequency
of monitoring shall consider the rate of excavation and grading activities, proximity
to known archaeological 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 archaeological resources encountered. Full-
time field observation shall be reduced to part- time inspections or ceased entirely
if determined appropriate by the Gabrieleño Band of Mission Indians – Kizh Nation.
(j) The Final EIR determined that without mitigation, the Project could result in
significant adverse impacts related to wastewater generation/construction of wastewater
facilities. Consistent with CEQA Guidelines Section 15091 and 15092, and as analyzed in
the Final EIR, the City Council finds that the following mitigation measure has been required
for the Project that will reduce these to below levels of significance:
MM WW-1: Sewer Study and Monitoring. Prior to the issuance of the first building
permit, the applicant shall submit a sewer study to the City's Water Resources
Manager that shows that the City's sewer system can accommodate the entire
development (i.e., would not result in d/D over 0.5). If the study does not show to
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the satisfaction of the City that the City's sewer system can accommodate the
entire development, prior to issuance of the first building permit, the Developer
shall be responsible to upgrade any downst ream deficiencies on 2nd Street and
Ocean Avenue (between Santa Monica Boulevard and Broadway) to the
satisfaction of the Water Resources Manager.
Improvement plans shall be submitted to the Engineering Division. All reports and
plans shall also be approved by the Water Resources Engineer.
(k) The Final EIR determined that without mitigation, the Project could result in a
considerable contribution to a cumulatively significant adverse impact related to wastewater
utilities and infrastructure. Consistent with CEQA Guidelines Section 15091 and 15092, and
as analyzed in the Final EIR, the City Council finds that the following applicable mitigation
measure from the DCP EIR and Project-specific mitigation measures MM WW-1 (see
above) have been required for the Project and will reduce these impacts to below levels of
significance:
DCP MM U-1: Fair Share Contribution: If a City Sewer Master Plan is completed
prior to the issuance of the last building permit for the project, the project applicant
shall provide a fair share contribution (based the methodology set forth by the
City’s Sewer Master Plan) to the City’s Capital Improvements Program or any
Public Infrastructure Financing Program (PIFP) required to upgrade sewer service
to the site (i.e., Ocean/ Main corridor). A security shall be provided or a payment
agreement executed prior to issuance of the last building permit for the project.
SECTION 6. Consistent with Sections 15091, 15092, and 15093 of the State
CEQA Guidelines, the City Council finds that significant adverse environmental effects
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related to off-site groundborne vibration during construction and operational traffic impacts
cannot feasibly be avoided or mitigated to below a level of significance. Additionally, the
Project would substantially contribute to cumulatively considerable operational traffic
impacts. Nevertheless, these impacts are found to be acceptable due to overriding
considerations as discussed in Section 9.
a. The Final EIR determined that without mitigation Project construction
could result in significant adverse impacts related to groundborne vibration on the Gussie
Moran House, a City-designated Landmark at 1323 Ocean Avenue, adjacent to the
Project site. Consistent with Sections 15091 and 15092 of the State CEQA Guidelines ,
and as analyzed in the Final EIR, the City Council finds that the implementation of the
MM NOI-2 mitigation measure (included in Section 5 above) would address impacts, but
would not reduce impacts to less than significant levels. Notably, MM NOI-2 would require
the voluntary acceptance of the implementation of this mitigation measure by offsite property
owners. Although voluntary acceptance by offsite owners would reduce potentially
significant groundborne 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. Based on the above, construction vibration impacts would
be significant and unavoidable. In addition, due to these construction vibration impacts,
construction effects and cultural resources impacts are also considered significant and
unavoidable.
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b. The Final EIR determined that the Project could result in traffic-
related impacts that would exceed significance thresholds at the following four
intersections under Approval Year (2020) Plus Project conditions and six intersections
under Future Year (2025) Plus Project conditions:
Approval Year (2020) Plus Project
1. Study Intersection No. 1: Palisades Beach Road & California
Incline (weekend midday hour)
2. Study Intersection No. 2: Ocean Avenue & California Avenue
(P.M. and weekend midday peak hours)
3. Study Intersection No. 11: 2nd Street & Wilshire Boulevard
(P.M. and weekend midday peak hours)
4. Study Intersection No. 16: Main Street & Olympic Drive
(A.M. and weekend midday peak hours)
Future Year (2025) Plus Project
1. Study Intersection No. 1: Palisades Beach Road & California
Incline (A.M. peak hour)
2. Study Intersection No. 2: Ocean Avenue & California Avenue
(all peak hours)
3. Study Intersection No. 12: 2nd Street & Arizona Avenue
(weekend midday peak hours)
4. Study Intersection No. 13: 2nd Street & Santa Monica
Boulevard (P.M. and weekend midday peak hours)
5. Study Intersection No. 16: Main Street & Olympic Drive
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(A.M. and weekend midday peak hours)
6. Study Intersection No. 19: 4th Street & Santa Monica
Boulevard (all peak hours)
Mitigation measures for each of the significant impacts under the Approval Year
(2020) and Future Year (2025) Plus Project traffic conditions were considered in the
Transportation Study prepared for the pro posed Project (see Appendix K of the Final
EIR). The potentially significant impact at 2nd Street & Wilshire Boulevard could be
mitigated to less than significant through the re-striping of travel lanes. However, as
discussed in detail in the Transportation Study, restriping would require removal of on-
street parking and reconfiguration of the existing bicycle lane on 2nd Street. Similarly, none
of the other impacts would be mitigated without potential secondary impacts to pedestrian
safety goals and policies outlined in the Land Use and Circulation Element (LUCE) and
Downtown Community Plan (DCP). Therefore, as described in the Final EIR, consistent
with the City’s previously adopted Traffic Study Guidelines and the City’s adopted
significance criteria at the time that the Notice of Preparation (NOP) was published, the
City Council finds that traffic impacts would be significant and unavoidable. In addition,
due to these traffic impacts, neighborhood impacts are also considered significant and
unavoidable.
As detailed in the Final EIR, the CEQA Guidelines were updated to eliminate the
consideration of automobile delay and level of service as potentially significant
transportation impacts. Level of service was replaced with the vehicle miles traveled
(VMT) metric pursuant to Senate Bill (SB) 743. CEQA Guidelines Sections 15064.3(c)
states that it shall apply prospectively (i.e., only applicable to new projects after date of
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adoption) for all projects commencing CEQA review after July 1, 2020. The City Council
adopted VMT screening criteria and thresholds on June 9, 2020. The Final EIR measures
transportation impacts based on “level of service” methodology due to the EIR’s Notice
of Preparation date of December 21, 2018 (prior to adoption of CEQA Guidelines Secti ons
15064.3(c)) and the Draft EIR’s publication date of May 18, 2020 (prior to the City’s
adoption of VMT thresholds and the State’s July 1, 2020 deadline for adoption of such
thresholds).
Although not required, a VMT analysis consistent with CEQA Guidelines Section
15064.3 requirements is provided in the Final EIR for informational purposes only. As
explained in the Final EIR, following CEQA Section 15064.3, subdivision (b)(1) and OPR’s
Technical Advisory, the Project could be presumed to have a less than significant
transportation impact and no further VMT analysis would be required. However, the Final
EIR includes a quantitative VMT analysis for informational purposes and concludes that
the Project would be consistent with the overall intent of SB 743 to reduce VMT and
greenhouse gases, the development of multi-modal transportation networks, and a
diversity of land uses.
SECTION 7. The Final EIR analyzed 5 alternatives to the originally proposed
Project.
• Alternative 1 – No Project Alternative: Pursuant CEQA Guidelines Section
15126.6(e)(2), the No Project Alternative analysis discusses the existing
conditions at the time the NOP was published (December 21, 2018) and
compares impacts of the No Project Alternative to the Project. Under the No
Project Alternative, the existing one- to three-story commercial buildings with
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the associated surface parking lots would remain. The existing buildings would
continue to operate with 19 residential units, 14,005 square feet (sf) of
commercial office uses, 4,875 sf of medical office uses, 725 sf of medical spa,
1,175-sf of salon, 690 sf of storage, and 11,100 sf of restaurant uses with 1,290
sf of outdoor dining patios.
• Alternative 2 – DCP Tier II Mixed-Use Housing Projects Compliant with Ocean
Transition (OT) and Bayside Conservation (BC) Districts: Alternative 2
assumes that the Project would not be developed and instead, the parcels
within the Project site would be sold and independently developed by separate
developers. Alternative 2 would develop three individual mixed -use housing
projects with ground floor commercial uses and upper floor residential uses,
consistent with the DCP’s Tier II development standards for the OT and BC
Districts (DCP Section 9.10.060).
• Alternative 3 – Maximum 84-Foot Building Height (Reduced Floor Area Ratio
[FAR] / Development): Alternative 3 would develop the Project’s land uses with
a reduced height of 84 feet and a corresponding reduction in total floor area.
Similar to the Project, Alternative 3 would include a hotel, mixed -use buildings
with ground floor commercial uses and upper floor residential uses, and a
Cultural Use Campus that would incorporate the two relocated City-designated
Landmarks. However, the height of the buildings, including the Hotel Building,
would not exceed a maximum height of 84 feet resulting in a 2.36 FAR, a
reduction in the number of hotel rooms to 65 rooms, and a reduction in the
number residential units to 91 units.
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• Alternative 4 – Retention of Existing City-Designated Landmarks and 101
Santa Monica Boulevard: Retention of Existing City-Designated Landmarks
and 101 Santa Monica Boulevard Alternative (Alternative 4) would develop a
50-foot-tall mixed-use commercial, residential, office, and museum project
consistent with the height limits in the DCP for the BC and OT Districts. The
existing City-designated Landmarks and the existing building at 101 Santa
Monica Boulevard would be retained in place and three new mixed -use
buildings would be constructed around the existing buildings.
• Alternative 5 – Revised Circulation Alternative: Alternative 5 would involve
development of a mixed-use hotel, residential, commercial, and Cultural Use
Campus as generally described for the Project. However, this alternative would
include a revised circulation plan. Under Alternative 5, an additional entrance
to the Project site would be provided via a vehicle access ramp to the
subterranean parking garage along Ocean Avenue.
The Final EIR found that the No Project Alte rnative 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 contribute to City
efforts to implement the goals and objectives of the DCP, provide additional visitor serving
uses in the Coastal Zone, help meet regional housing demand, or meet the primary
Project objectives. Alternative 2 would result in reduced duration of construction activities
but daily impacts would be similar to those described for the Project, would result in
increased operational impacts related to greenhouse gas emissions and transportation
impacts, and would not meet majority of the Project objectives (including no overnight
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visitor serving accommodations, reduced publicly-accessible open space and no Cultural
Uses Campus, resulting in a substantial reduction in community benefits compared with
the Project). Alternative 4 would result in reduced duration of construction activities but
daily impacts would be similar to those described for the Project, would result in increased
operational impacts related to greenhouse gas emissions and transportation impacts, and
would only partially achieve project objectives. Without a hotel, Alternative 4 would not
meet objectives related to the provision of overnight visitor accommodations; with less
residential units the objectives to help meet the current and future housing demand in the
City, including demand for affordable housing, would not be achieved to the same extent
under Alternative 4 as the proposed Project; iconic architectural and urban design would
not be achieved; pedestrian orientation would be compromised with significant reduction
in ground floor publicly accessible open space; and Alternative 4 may not be economically
viable and would not provide as much fiscal and economic benefits to the City. Alternative
5 would result in significant impacts on historical resources, vibration construction, and
transportation similar to the Project and would not meet project objectives to the same
extent as the proposed Project. With the reduction of museum gallery space, Alternative
5 would not meet the objectives related to cultural institutions to the same extent as the
proposed Project; the inclusion of a new driveway on Ocean Avenue would disrupt
pedestrian flow and reduce publicly-accessible open space resulting in Alternative 5 being
less consistent with Policy LU 4.6 from the LUCE and Policy D10.6 from the DCP, as
compared to the proposed Project.
The State CEQA Guidelines require that if the environmentally superior alternative
is the No Project alternative, that the EIR also identify an environmentally superior
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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 3, the
Maximum 84-Foot Building Height [Reduced FAR/Development] Alternative, is the
environmentally superior alternative because impacts to transportation and temporary
construction-related impacts to air quality and noise would be reduced to the greatest
extent. Therefore, Alternative 3 is considered to be the environmentally superior
alternative. However, Alternative 3 would not achieve project objectives and certain City
land use goals and policies to the same extent as the Project. Importantly:
• Alternative 3 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 3 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 to the same extent as the Project in that Alternative 3 would
result in almost 46% fewer hotel rooms than the Project and fewer housing
units (both market rate and affordable) compared with the Project. Further, as
compared to Alternative 3, the Project would more fully support the Project
Site'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 3 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-
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restricted affordable housing (15 units) as compared to the Project (25 units)
and elimination of the Project's publicly-accessible observation deck.
• Alternative 3 would not meet Objective 2 (to improve visitor serving uses) to
the same extent as the Project because it has only 65 hotel rooms compared
with the Project’s 120 rooms and the Project would not include a publicly-
accessible observation deck.
• Alternative 3 would not meet Objective 4 (to enhance Downtown) to the same
extent as the Project because it would not include a publicly-accessible
rooftop observation deck, would have substantially less hotel rooms, and
would have substantially less affordable apartments (15 compared with the
Project's 25).
• Alternative 3 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 3 would reduce the number of residential units from
100 units in the Project to 91 units and affordable apartments from 25 units in
the Project to 15 units.
• Alternative 3 would not meet Objective 12 (economic viability) and Objective
13 (fiscal and economic benefits to the City) to the same extent as the
Project. Importantly, Alternative 3 would involve the reduction of hotel rooms
and market-rate residences as compared to the Project. At the same time,
Alternative 3 would include many of the same costs as the Project (e.g., costs
associated with constructing underground parking and ground-level publicly-
accessible open space, rehabilitating the historic buildings) thereby reducing
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economic viability. Further, the reduction in hotel rooms, residential units and
overall development would result in fewer economic and fiscal benefits to the
City.
• Alternative 3 would not provide the same extent of community benefits as
would the Project (Objective 14) since the publicly-accessible rooftop
observation deck would be eliminated and less affordable housing would be
developed.
• Due to substantial reduction in hotel guestrooms, Alternative 3 is 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 Land Use Plan which provides that, “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.
• In addition, Alternative 3 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
3 does not support to the same extent as the Project the LUCE and DCP
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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 Project Site). Specifically, Alternative 3
would result in almost 46% fewer hotel rooms than the Project and fewer
affordable housing units as compared to the Project. Alternative 3 would
accordingly also result in fewer employment opportunities, less Transient
Occupancy Tax (TOT) and fiscal benefits for the City, and fewer community
benefits, including the elimination of the publicly-accessible rooftop
observation deck. And Alternative 3 would not as fully support the Project
site’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 3 would also not
support the LUCE, DCP, and Coastal Act goals of prioritizing visitor-serving
uses along the east-side of Ocean Avenue and encouraging the development
of housing, including affordable housing, to the same extent of the Project.
• Further, Alternative 3 would still result in significant adverse impacts in all of
the same categories as the Project. The impacts where the FEIR identifies
Alternative 3 as “environmentally superior” only result in reductions in impacts
and does not eliminate the significant adverse and unavoidable impacts.
Additionally, based on the Economic and Fiscal Impact Analysis prepared by
HR&A, the Project is anticipated to result in one-time construction-related total economic
output of $258.3 million and 2,217 total construction jobs (2,211 construction jobs on-site)
and operations-related economic impacts of approximately $72.8 million per year
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commencing the first year of stabilized operations ($5 9.8 million in additional annual
economic output) and 768 total jobs (615 net new jobs). In terms of fiscal impact,
commencing 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 $5.2 million per year
($3.4 million additional per year).
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
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 noise/construction vibration, construction
effects, historic resources, 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.
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1. The Development Agreement, including all exhibits attached thereto, is
consistent with the objectives, policies, general land uses and programs
specified in the general plan and any applicable specific plan. The LUCE and
DCP are the City’s applicable general and specific plans. LUCE Goal D1
(Downtown Districts Goal and Policies) seeks to maintain Downtown’s
competitive advantage as a premier local and regional shopping, dining, and
entertainment destination, and support its evolution in order to respond to
changing market conditions. LUCE Policy D1.4 recognizes the importance of
hotels to the fiscal health of the City and encourages new hotels in the
Downtown. LUCE Policy E6.1 is to support the growth of additional hotel
facilities, as overnight visitors provide important economic and fiscal benefits in
the form of retail/restaurant sales and Transient Occupancy Taxes (TOT) but
do not significantly contribute to traffic congestion. LUCE Policy D7.1 is to
encourage a broad mix of uses that create dynamic activity in both the daytime
and evening hours including retail, hotels, office, high -density residential,
entertainment and cultural uses in the Downtown. LUCE Policy D7.7 is to
encourage residential units with a diversity of types, forms, sizes, tenure, and
affordability for all income levels. LUCE Policies HP1.5 and HP3.4 identify
historic preservation as a community benefit, encourage the adaptive reuse of
historic resources, and support flexible zoning policies and modifications to
development standards to accommodate the rehabilitation and restoration of
historic resources. LUCE Policy LU15.5 is to encourage and prioritize easy
pedestrian and bicycle oriented connections above all other modes and to
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discourage north-south alley access to Santa Monica Boulevard. DCP Goal
LU1 states that the Downtown Community Plan area is a high quality, mixed -
use district offering opportunities for housing for people across the income
spectrum, jobs, arts and culture, local-serving retail and community/visitor
gathering places. DCP Goals LU1 and LU3 include ensuring that the Downtown
continues to function as the economic center for the City by providing a diverse
and flexible mix of uses to meet future resident, business and visitor demand
and offering opportunities for housing, jobs and local-serving retail and
community/visitor gathering places. DCP Goal LU1 and Policy LU1.2 support
new hotel, housing and ground floor retail/restaurant uses. DCP Policy LU7.5
encourages the rehabilitation of historic resources. DCP Goal LU4 and Policy
LU4.2 include expanding affordable housing opportunities in the Downtown,
including for families. The Project is consistent with these LUCE and DCP
policies because the mixed-use hotel and residential project would create high
quality new residential apartments (including deed-restricted affordable, rent-
controlled and market-rate housing), lodging, retail, and dining; include a
Cultural Uses Campus that incorporates two City-designated landmarks; create
new publicly-accessible open space with a rooftop observation/viewing deck
that would be open to the public. Consistent with DCP Goal D7 and DCP Policy
D7.1 that seek to create a balanced mix of uses in the Downtown that reinforces
its role as the greatest concentration of activity in the City, the Project proposes
a variety of uses that support this policy, including new lodging, cultural uses,
retail, restaurants, and market-rate, deed-restricted affordable, and rent-
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controlled housing. More specifically, the Project proposes a new 120 room
hotel and 100 residential apartments with a diverse range of affordable housing
unit types within the Downtown, consistent with DCP Policy D7.7. The
implementation of a Transportation Demand Management (TDM) Program to
reduce vehicle trips in the area and associated parking demand is consistent
with LUCE Circulation Policy T19.2 which seeks appropriate TDM requirements
for new development. Furthermore, the Project is consistent with the LUCE’s
overall land use policies by providing community benefits for the area, including
but not limited to, affordable housing, mobility, sustainable features, open
space, historic preservation, and expanding economic equity and opportunity
initiatives in the City. Moreover, the Project is consistent with the policies
applicable to the site as set forth in the both the Draft LUP, which has been
approved by the City (but not certified by the California Coastal Commission),
and, the 1992 LUP, as amended by the 1992 LUP Amendment.
2. The Development Agreement, including all exhibits attached thereto, is
compatible with the uses authorized in the district in which the real property is
located in that the subject property is located in the Downtown District that
allows multi-family residential uses and a wide range of commercial uses,
including lodging, restaurant/retail, and cultural facilities. The Development
Agreement is consistent with LUCE Goal D7 and Policy D7.1, and DCP Goal
LU1.2 which all seek to create a balanced mix of uses in the Downtown,
including retail, hotels, office, high-density residential, entertainment and
cultural uses, that reinforces the area’s role as having the greatest
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concentration of activity in the City. DCP Policy LU1.2 supports accommodating
the development of uses that support a 17 hours a day/7 days a week
environment that meets the needs of businesses and residents; such uses
include retail goods and services, food stores, res taurants and cafés, hotels,
entertainment and comparable uses. DCP Goal LU1 and Policy LU1.2 support
new hotel, housing, cultural uses and retail/restaurant uses. The Project
proposes full-service lodging, retail and restaurant uses, and a rooftop
observation/viewing deck that would be open to the public. The Project also
proposes cultural uses within a Cultural Uses Campus that includes two City -
designated landmarks. Further, the Project proposes 100 residential
apartments including replacement rent-control apartments, market rate and
deed-restricted affordable apartments within the Downtown for a variety of
family sizes and income levels, consistent with LUCE Policy D7.7.
3. The Development Agreement, including all exhibits attached thereto, is in
conformity with the public necessity, public convenience, general welfare, and
good land use practices, in that it allows for the redevelopment of an existing,
underutilized property that would benefit from reinvestment to increase
employment, increase transient occupancy taxes paid to the City, add cultural
uses in the Downtown, and create a mixed -use hotel and residential project
that is consistent with the LUCE and DCP vision for the area. The Project would
remove existing surface parking lots, rehabilitate, reposition and adaptively
reuse City-designated landmarks as featured aspects of the Cultural Uses
Campus, replace existing rent-controlled apartments and add new apartments,
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and provide new lodging. Moreover, the Project will provide additional
community benefits including affordable housing, publicly-accessible open
space, including a publicly-accessible observation deck at the top of the hotel
building, and monetary contributions that would support mobility, affordable
housing, parks and recreation, and early childhood initiatives. Further, the
Project is consistent with the City’s sustainability goals by committing to LEED®
Platinum certification, dual plumbing and use of r ecycled water, 100% Green
Power, implementation of a TDM Program, inclusion of an on -site system for
rainwater capture and reuse, and EV vehicle charging infrastructure.
4. The Development Agreement, including all exhibits attached thereto, will not
be detrimental to the health, safety and general welfare, in that the
Development Agreement would allow for the redevelopment of the Property in
a manner that is consistent with the LUCE and DCP vision for the area. The
Project will be located in an urbanized area, is consistent with other similar
improvements in the area, and does not have the potential to disrupt the urban
environment or cause health or safety problems. The mixed-use project
provides a new hotel and residential apartments, including market-rate, deed-
restricted affordable and rent-controlled units. The Project will feature
restaurants and retail, a variety of publicly-accessible open spaces on the
property, including a rooftop observation/viewing deck that would be open to
the public, and a Cultural Uses Campus. The Project also eliminates curb cuts
along Santa Monica Boulevard and Ocean Avenue to enhance the pedestrian
experience. Further, the Project includes a range of additional community
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benefits including monetary contributions that would support the City’s
affordable housing fund, mobility/transportation, parks and open space, and
community economic equity/opportunity initiatives. The Project also
incorporates a wide range of sustainable design features and commitments into
its design and operations. These include LEED® Platinum certification, dual
plumbing and use of recycled water, 100% Green Power, implementation of a
TDM Program, inclusion of an on-site system for rainwater capture and reuse,
and EV vehicle charging infrastructure.
5. The Development Agreement, including all exhibits attached thereto, will not
adversely affect the orderly development of the property, in that the
Development Agreement is contingent upon the review and approval of a
specific site plan consistent with recognized urban design principles that reflect
the goals and policies of the City of Santa Monica which were established
through a long-range planning process and are reflected in the LUCE and DCP.
Further, the Development Agreement includes conditions of approvals and
mitigation measures to ensure orderly development of the property including
that the Project will be subject to a construction management plan that will be
reviewed and approved prior issuance of a building permit for the Project.
6. It is estimated that the Development Agreement’s net fiscal impact to the City’s
General Fund will be approximately $3.44 Million per year. The estimated net
fiscal impact associated with the hotel will primarily be a result of the hotel
generating substantial Transient Occupancy Tax for the City, commercial uses
generating City business license taxes and sales and use tax, and property tax.
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The Project would also provide an estimated total of $6 Million in monetary
contributions that would support the City’s affordable housing development
fund, mobility/transportation projects, parks and recreation, early childhood
initiatives, and community economic equity/opportunity initiatives.
In addition to the aforementioned economic benefits provided by the Project to the City
and achieving the 14 project objectives described in Section 2.4 of the Final EIR, the
Project would provide the following significant project features and community benefits
required by Sections 2.7 and 2.8 of the Development Agreement, which are incorporated
herein by reference:
• Affordable Housing Units. In accordance with the terms of the Development
Agreement, the Project will include (a) twenty-five (25) deed restricted rental
housing units (“Affordable Housing Units”) with four (4) of the units for 30%
Income Households, four (4) of the units for 50% Income Households, six (6)
of the units for 80% Income Households and eleven (11) of the units for
Moderate Income.
• Price-Controlled Housing Units. In accordance with the terms of the
Development Agreement, the Project will include eleven (11) units which are
subject to Santa Monica Rent Control Law (referred to in the Development
Agreement as "Price-Restricted Replacement Units").
• Historic Preservation – Queen Anne Landmark and Spanish
Colonial Revival Landmark.
o The relocation and rehabilitation work as to the two City-designated
buildings, Queen Anne Landmark and Spanish Colonial Revival
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Landmark, will ensure that they retain their significance as historic
resources while being incorporated into the Project’s Cultural Uses
Campus for public access and enjoyment.
o After completion of their relocation, the Spanish Colonial Revival and
Queen Anne Landmarks will remain on Ocean Avenue as a featured
reminder of the City’s early 20th Century streetscape but incorporated into
a contemporary project that brings many benefits to the City.
o Consistent with the FEIR’s Historic Resources Technical Report, the
process for moving and protecting the Queen Anne Landmark and
Spanish Colonial Revival Landmark throughout Project construction shall
comply with professional standards and guidelines identified in the
National Park Service’s publication entitled, Moving Historic Buildings
(1979) and shall be performed in accordance with an approved
Preservation Protection Plan, including vibration monitoring.
o The Queen Anne Landmark shall be rehabilitated and restored after
relocation under the supervision and guidance of a qualified historic
preservation professional. The Queen Anne’s rehabilitation will restore the
corner tower to its original massing and height with its widow’s walk,
restore the second floor porch on the west elevation to its full length,
restore the front gable ornamentation, restore the brick chimney above the
roof plane to its original height, and replace the current contemporary
asphalt shingle roof with flame-retardant wood shingles. Such restoration
and reconstruction of these character-defining features shall benefit from
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and be based on extensive research and fortuitous discovery of historic
photograph documentation together with corresponding physical evidence,
all of which shall be presented to the Landmarks Commission as part of
the Certificate of Appropriateness process. Various incompatible additions
shall be removed, including the unenclosed catwalk and staircase
connecting Queen Anne Landmark and the 1333 Ocean Avenue Rear
Structure. The interior of the Queen Anne Landmark is not a part of the
Landmark designation and will be modified for adaptive use as an integral
part of the Cultural Uses Campus, subject to review and approval by the
Landmarks Commission (or City Council on appeal) through the Certificate
of Appropriateness process. A contemporary yet complementary two -story
addition shall be reviewed by the Landmarks Commission and constructed
at the building’s north and east elevations using a hyphen element for the
connection between the Queen Anne Landmark and the contemporary
new building.
o The Spanish Colonial Revival Landmark shall be rehabilitated and
restored after relocation under the supervision and guidance of a qualified
historic preservation professional. Subject to a Certificate of
Appropriateness, the Spanish Colonial Revival’s rehabilitation will restore
the cast stone Churrigueresque-inspired decorative surround with flanking
spiral engaged columns at the west elevation entrance to the building and
reconstruct the decorative sconces. The vision is for the building’s west
elevation to be restored to its period of significance as determined by the
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Landmarks Commission. Subject to a Certificate of Appropriateness,
various existing incompatible additions shall be removed, including the
rear addition and the 1337 Ocean Avenue Rear Structure, and a two-story
addition shall be constructed in this location using a hyphen element for
the connection between the Spanish Colonial Revival Landm ark and the
contemporary new construction.
o All rehabilitation and restoration work shall be subject to a certificate of
appropriateness process, shall conform with the Secretary of the Interior’s
Standards for the Treatment of Historic Properties and shall be guided by
a qualified historic preservation professional with at least seven (7) years
of relevant experience who meets the Secretary of the Interior’s
Professional Qualification Standards for History, Architectural History,
and/or Architecture pursuant to 36 C.F.R. Part 61, App. A.
o To assist the general public in understanding the historic, cultural and
architectural significance of the Queen Anne and Spanish Colonial Revival
Landmarks, an interpretive educational program consisting of signage,
displays and/or plaques shall be installed onsite after approval of the
Landmarks Commission, with public input.
• Cultural Uses Campus.
o Construction and operation of the Cultural Uses Campus in accordance
with the terms of the Development Agreement including minimum size for
the Cultural Uses Campus, minimum days and hours per week the
Cultural Uses Campus is open to the public, commitment to show pieces
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from the archives of Frank O. Gehry at one or more permanent or rotating
exhibit(s) at the Cultural Uses Campus for a minimum number of years,
reduce entry/admissions fee for Santa Monica residents and youth,
monthly "free day for Santa Monica residents, and commitments for field
trip opportunities for public elementary, middle and high schools in Santa
Monica, Santa Monica College and non-profit organization in Santa
Monica that provides after school programming for underrepresented
youth.
o Programming is required to be provided in the Cultural Uses Campus
including high quality and diverse opportunities for education and
engagement with the community and promotion of youth education and
creating opportunities for higher education students for research and
education.
• Publicly-Accessible Open Space.
o The Project includes approximately 16,800 square feet of publicly-
accessible open space -- 12,000 square feet at the ground level and 4,800
square feet on a publicly-accessible rooftop observation deck.
o Regulations pertaining to the publicly-accessible open space (e.g. hours,
maintenance, a security plan, etc.) are set forth in the Development
Agreement.
• Sustainable Design and Features.
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o The Project will further the LUCE and DCP'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 potable water use by, among other things, (i)
paying to extend the non-potable water distribution main across Ocean
Avenue and connecting it to the Project and dual-plumbing in the Project
to allow for use of non-potable water for on-site landscaping and all other
County-approved uses, (ii) including drought tolerant landscaping (iii)
achieving Water Neutrality in accordance with SMMC Section 7.16.050,
and (iv) storing and reusing rainwater in accordance with SMMC Section
7.10.090(d).
o The Project will reduce energy use by at least 15% than that required by
the 2019 California Energy Code, which supports LUCE and DCP policies,
programs and objectives that address sustainability, including energy
conservation. Notably, the Project will install photovoltaic panels and all
swimming pools in the Project will be heated using solar energy or electric
heat pumps.
o The Project will utilize 100% Green Power tier (which is sourced entirely
from wind, solar and geothermal sources) from the Clean Power Alliance
at all times such tier is offered as a service option by the electric utility
provider.
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o The Project will include electric vehicle chargers for use by residents,
guests and employees and additional infrastructure to accommodate
potential for increased demand in the future.
o The Project will provide more than 200 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; transportation allowances for residents choosing not to own a ca
and commute using non-single occupancy vehicle modes; a transportation
coordinator; and incentives for both employees and customers to use non-
single occupancy vehicle modes.
• Enhanced Impact Fees and Monetary Contributions. The Project provides
over $6 Million in impact fees and monetary contributions for Affordable
Housing, Early Childhood Initiatives, Transportation and Pedestrian
Improvements, Economic Equity and Economic Recovery, School Facilities,
and Parks and Recreation.
• Local Hiring Program for construction and permanent employment. The
Development Agreement includes local hiring provisions for both construction
and permanent employment, with a priority for residents of the Pico
neighborhood and low-income residents. In addition, the Development
Agreement requires equal opportunity subcontracting.
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• Internship Program. The Development Agreement requires that the hotel
provide at least two internships within the Hotel Uses 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).
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 5 and 6 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:
________________________
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. 11443 (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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