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SR 04-26-2022 9A City Council Report City Council Meeting: April 26, 2022 Agenda Item: 9.A 1 of 7 To: Mayor and City Council From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services Subject: Public Hearing and Adoption of Resolution Ordering Vacation of Public Right- of-Way on 21st Street between Santa Monica Boulevard and Broadway Recommended Action Staff recommends that the City Council: 1. Hold a public hearing, receive public comment, and approve the proposed partial vacation with conditions of 21st Street between Santa Monica Boulevard and Broadway for the Public Works Department; 2. Confirm the determination that the environmental impacts of the vacation with conditions of a portion of 21st Street directly adjacent to the Providence Saint John’s (“Providence” or “Saint John’s”) campus were analyzed in the Final Environmental Impact Report certified by City Council on March 22, 2022; and 3. Adopt the attached resolution ordering the vacation with conditions. Executive Summary On March 22, 2022, City Council considered the first reading of the Ordinance for a Third Amendment to the Development Agreement between the City and Providence Saint John’s Health Center (“Providence”) and approved the Providence Phase Two Master Plan (“Phase Two Master Plan”) to establish a plan for long term development of the Providence campus and adopted a resolution of intent to vacate a public street. To implement the Phase Two Master Plan, Providence requested that the City vacate the northerly 250 feet of 21st Street between Broadway and Santa Monica Boulevard. The vacated area is proposed to be used as publicly accessible open space. California law requires a noticed public hearing to be held and subsequent finding(s) that this portion of 21st Street is unnecessary for public use prior to vacating the public street right-of- 9.A Packet Pg. 2546 2 of 7 way. California law also allows the City to impose conditions before the vacation becomes effective. Background On March 22, 2022, City Council directed the City Clerk to set a public hearing on the proposed vacation proceedings for April 26, 2022 at 5:30 p.m. At the same meeting, City Council declared its intent to vacate a portion of 21st street between Broadway and Santa Monica Boulevard, and adopted the Third Amendment to the Development Agreement (“Third Amendment”) between the City and Providence. The Third Amendment requires that certain conditions be satisfied before the street vacation becomes effective. Past Council Actions 3/22/2022 (Attachment B) Council approved Resolution 11412 CCS of Intention to hold a public meeting and an intent to a vacate a public street 3/22/2022 (Attachment C) Council held a Public Hearing for Providence Saint John’s Health Center 3/22/2022 (Attachment D) Council approved Resolution 11408 CCS certifying the Final Environmental Impact Report (FEIR) for the Third Amendment to the Development Agreement for Providence Saint John’s Health Center Phase Two Master Plan. 3/22/2022 (Attachment E) Council approved Resolution 11409 CCS adopting a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program. 3/22/2022 (Attachment F) Council approved Resolution 11411 approving the Providence Saint John’s Health Center Phase Two Master Plan. Discussion Providence has requested the vacation of a 250-foot segment of 21st Street between Broadway and Santa Monica Boulevard as shown below in Figure 1. This street segment is abutted by Providence owned properties on both sides and was initially dedicated to the City as an easement for street purposes to provide access and public utilities to properties on both sides of the street. 9.A Packet Pg. 2547 3 of 7 With the Council approved Master Plan and Providence’s ownership of properties on both sides of 21st Street, the vacation of this street segment presents an opportunity for a pedestrian-oriented, publicly accessible plaza. The plaza would open onto Santa Monica Boulevard and provide public access for pedestrians through the Providence campus to Broadway. The remaining southerly portion of 21st Street is abutted by three existing residential buildings (Figure 2) and would remain a public street to provide property access as well as circulation through two new City streets: a direct connection to newly created St. John’s Way and onto newly formed 20th Place and out to Broadway as depicted in Figure 1. Figure 1 – Map showing proposed 21st Street partial vacation and proposed new public streets 9.A Packet Pg. 2548 4 of 7 Figure 2 – Photo of three existing properties on 21st Street (1427, 1443 and 1445 21st Street) and proposed new streets. California law authorizes vacating a public street after a public notice and hearing, based on the finding that the public street is unnecessary for prospective public use (Streets and Highways Code section 8324). The Resolution of Vacation (Attachment G) stipulates that the street vacation would only occur after certain city required conditions have been satisfied and instructs the City Clerk to record the Resolution of Vacation only after all conditions have been satisfied. The proposed street vacation would be subject to the conditions of Section 2.6.4 of the Third Amendment and all the other related requirements of Exhibit Q of the Third Amendment. These conditions include: (a) Dedication of Providence’s property for two new City streets, as depicted above in Figure 1, to provide alternative vehicular, pedestrian and bicycle access; 9.A Packet Pg. 2549 5 of 7 (b) Dedication of pedestrian connections to provide pedestrian access through the Providence Campus; specifically, in accordance with Third Amendment, Providence will dedicate the Middle 24/7 Pedestrian Connection pursuant to an easement agreement and dedicate the West 24/7 Pedestrian Connection pursuant to a springing easement agreement; (c) Completion of street improvements and utility relocations; and (d) Dedication of necessary utility easements. As part of these required utility relocations, City-owned water, sewer, and streetlight infrastructure would be relocated out of the street vacation area and/or appropriate public service easements would need to be provided on private property. The utility relocations and easements would be completed at Providence’s expense. Outreach Notice of the date, time, and place of the public hearing was published on April 6, April 11, and April 18 in the Santa Monica Daily Press. Notices stating the time and place of the public hearing were posted in the vicinity of the proposed vacation, including on 21st Street between Santa Monica Boulevard and Broadway. Publication and posting of the notices were done in accordance with Part 3, Chapter 3 of the California Streets and Highways Code, “General Vacation Procedures.” Staff anticipates performing this notification again once Providence initiates the Master Plan phases triggering use of the Street. In addition to City-owned utilities, private utilities (e.g., Southern California Edison and telecommunications) exist in the proposed street vacation. City staff sent preliminary notifications to the private utility companies requesting information and feedback pertaining to their infrastructure within the proposed vacation areas. Staff anticipates that private utility relocations would be necessary, and Providence would work on relocation arrangements prior to the street vacation taking place. Phasing 9.A Packet Pg. 2550 6 of 7 As set forth in the Third Amendment approved by the City Council on March 22, 2022, the partial street vacation would not occur until all of the aforementioned conditions have been met to the City’s satisfaction as part of future phased construction during the 17-year vesting period. To implement the conditions required for the vacation, Providence would phase the construction work to maintain access for the three residential properties on 21st Street. Attachments C and F provide significant details on the two phasing plans, approved by the City. Environmental Review The environmental impacts of the proposed 21st Street vacation area were analyzed in accordance with the California Environmental Quality Act (CEQA) and are contained in the Final Environmental Impact Report (SCH No. 2017041030) for the Third Amendment and the Phase Two Master Plan certified by the City Council on March 22, 2022 (Attachments D, E and F). Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended actions. Conditions and requirements set forth in the Master Plan and Third Amendment specify that Providence is responsible for the costs of vacating the 250-foot segment of 21st Street and the costs of establishing the two new streets on Providence-owned property as part of its implementation of the Master Plan. Prepared By: Joshua Carvalho, Civil Engineer Approved Forwarded to Council 9.A Packet Pg. 2551 7 of 7 Attachments: A. LEGAL DESCRIPTION AND MAP DEPICTING PROPOSED PORTIONS OF 21ST STREET BETWEEN SANTA MONICA BOULEVARD AND BROADWAY B. RESOLUTION 11412 CCS INTENTION TO ORDER THE VACATION OF A PORTION OF 21ST STREET BETWEEN SANTA MONICA BOULEVARD AND BROADWAY C. PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) D. RESOLUTION 11408 CCS CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROVIDENCE SAINT JOHN’S HEALTH CENTER E. RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM F. RESOLUTION 11411 CCS ADOPTING THE PHASE II MASTER PLAN G. RESOLUTION ORDERING VACATION OF PUBLIC RIGHT-OF-WAY ON 21ST STREET BETWEEN SANTA MONICA BOULEVARD AND BROADWAY H. Written Comment I. Applicant's PowerPoint Presentation 9.A Packet Pg. 2552 03/08/2022 Alex Nazarchuk, P.E.- City Engineer 1685 Main Street, MS#15, Santa Monica, California, CA 90401 9.A.a Packet Pg. 2553 Attachment: LEGAL DESCRIPTION AND MAP DEPICTING PROPOSED PORTIONS OF 21ST STREET BETWEEN SANTA MONICA BOULEVARD 03/08/2022 Alex Nazarchuk, P.E.- City Engineer 1685 Main Street, MS#15, Santa Monica, California, CA 90401 9.A.a Packet Pg. 2554 Attachment: LEGAL DESCRIPTION AND MAP DEPICTING PROPOSED PORTIONS OF 21ST STREET BETWEEN SANTA MONICA BOULEVARD DocuSign Envelope ID: C801E4E7-E455-4B03-BAAA-3ABF8FAFBBEC City Council Meeting: March 22, 2022 Santa Monica, California RESOLUTION NUMBER 11412 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF 21ST STREET BETWEEN SANTA MONICA BOULEVARD AND BROADWAY, IN THE CITY OF SANTA MONICA, CALIFORNIA WHEREAS, California Government Code Section 65450 et seq. permits each city to adopt a specific plan for the systematic implementation of the general plan for individual areas covered by the general plan; and WHEREAS, the Hospital Area Specific Plan (the “HASP”) was adopted by Resolution No. 7695 (CCS) of the City Council on September 27, 1988 to ensure harmonious development within the Hospital Area identified in the HASP; and WHEREAS, the HASP was adopted to be consistent with the Land Use and Circulation Elements (the “LUCE”) of the City’s 1984 General Plan and Zoning Map in effect at the time of adoption of the HASP; and WHEREAS, the HASP was amended by Resolution No. 8617 (CCS) on June 29, 1993, and Resolution No. 9254 (CCS) on April 1, 1998 (collectively referenced herein as the “HASP Amendments”) to reflect the changes associated with the Saint John’s Health Center Development Agreement (the “Original Agreement”), dated June 9, 1998 and recorded in the Official Records of the County of Los Angeles, DocuSign Envelope ID: 2123C3A6-649D-4674-985D-4F82BB2DB2D5 9.A.b Packet Pg. 2555 Attachment: RESOLUTION 11412 CCS INTENTION TO ORDER THE VACATION OF A PORTION OF 21ST STREET BETWEEN SANTA MONICA DocuSign Envelope ID: C801E4E7-E455-4B03-BAAA-3ABF8FAFBBEC State of California on July 29, 1998 as Instrument No. 98-1311808 (the “Original Development Agreement”); and WHEREAS, the Original Development Agreement contemplated new development and associated zoning changes within the HASP areas associated with Saint John’s Health Center; and WHEREAS, in July 2010, the City adopted a new LUCE (“2010 LUCE”) and associated zoning changes Citywide, including the Hospital Area; and WHEREAS, the 2010 LUCE contemplates that future amendments to the HASP will occur to be consistent with 2010 LUCE and associated zoning code updates, as well as new development proposed by the Saint John’s Health Center; and WHEREAS, the Original Development Agreement provided vested rights for development of the Saint John’s Health Center in two phases (“Phase I” and “Phase II”, respectively), with Phase I being developed entirely on the North Campus of the Saint John’s Health Center properties (i.e., those properties north of Santa Monica Boulevard) and Phase II being developed on a portion of the North Campus and on the South Campus (i.e., those properties south of Santa Monica Boulevard) of the Saint John’s Health Center properties; and WHEREAS, the Original Development Agreement provided a ten (10)-year vesting deadline for Phase I (“Phase I Vesting Deadline”) and a seventeen (17)-year vesting deadline for Phase II (“Original Phase II Vesting Deadline”), subject to the provisions for the continuation of vested rights pursuant to Sections 3.8.2 and 3.8.3 of the Original Development Agreement; and DocuSign Envelope ID: 2123C3A6-649D-4674-985D-4F82BB2DB2D5 9.A.b Packet Pg. 2556 Attachment: RESOLUTION 11412 CCS INTENTION TO ORDER THE VACATION OF A PORTION OF 21ST STREET BETWEEN SANTA MONICA DocuSign Envelope ID: C801E4E7-E455-4B03-BAAA-3ABF8FAFBBEC WHEREAS, the owner of Saint John’s Health Center (“Saint John’s”) and City executed that certain First Amendment to Development Agreement dated October 4, 2011 and recorded in the Official Records of the County of Los Angeles, State of California on October 13, 2011 as Instrument No. 20111388841 (the “First Amendment”). The First Amendment extended the Phase I Vesting Deadline, modified the obligation under the Original Development Agreement to construct the North Subterranean Parking Structure and Entry Plaza as part of Phase I, and allowed a modified Entry Plaza and parking program in-lieu of constructing the North Subterranean Parking Structure; and WHEREAS, Saint John’s completed construction of Phase I in accordance with the Original Development Agreement and First Amendment; however, Saint John’s was unable to complete Phase II within the Original Phase II Vesting Deadline; and WHEREAS, Saint John’s and the City executed that certain Second Amendment to Development Agreement dated August 28, 2017 and recorded in the Official Records of the County of Los Angeles, State of California on October 2, 2017 as Instrument No. 20171125181 (“Second Amendment”). The Second Amendment modified the terms of the Original Development Agreement, as amended by the First Amendment, with respect to Phase II as follows: (1) Replacement of the Original Development Agreement’s requirement for City Council approval of a South Campus Master Plan with a requirement for City Council approval of the Phase II Master Plan to address Phase II development on both the North and South Campuses (“Phase II Master Plan”). DocuSign Envelope ID: 2123C3A6-649D-4674-985D-4F82BB2DB2D5 9.A.b Packet Pg. 2557 Attachment: RESOLUTION 11412 CCS INTENTION TO ORDER THE VACATION OF A PORTION OF 21ST STREET BETWEEN SANTA MONICA DocuSign Envelope ID: C801E4E7-E455-4B03-BAAA-3ABF8FAFBBEC (2) Establishment of the basic development parameters for the Phase II Master Plan. (3) Provision that no Phase II Development Review Permits shall be issued for the development of any building or parcel contemplated in the Phase II Master Plan prior to City Council approval of the Phase II Master Plan. (4) Provision that Saint John’s and the City each agree and covenant to negotiate in good faith a third amendment to the Original Development Agreement, as amended, to extend the Original Phase II Vesting Deadline in consideration for the provision of additional community benefits. (5) Confirmation that nothing in the Second Amendment constituted a confirmation or denial of Saint John’s vested rights under the Original Development Agreement, as modified by the First Amendment, it being understood and agreed to by the City and Saint John’s that the intent of the Second Amendment was solely to make a procedural change to implement the Original Development Agreement, as modified by the First Amendment, while preserving the substantive rights of Saint John’s and the City, respectively; and WHEREAS, the comprehensive changes to the City’s Zoning Code in 2015 rendered the zoning map designations and zoning code references in the HASP obsolete; and WHEREAS, the Saint John’s and the City have negotiated in good faith a third amendment to the Original Development Agreement, as amended, to extend the DocuSign Envelope ID: 2123C3A6-649D-4674-985D-4F82BB2DB2D5 9.A.b Packet Pg. 2558 Attachment: RESOLUTION 11412 CCS INTENTION TO ORDER THE VACATION OF A PORTION OF 21ST STREET BETWEEN SANTA MONICA DocuSign Envelope ID: C801E4E7-E455-4B03-BAAA-3ABF8FAFBBEC Original Phase II Vesting Deadline in consideration for the provision of additional community benefits (the “Third Amendment”); and WHEREAS, the Third Amendment contemplates the concurrent adoption of the Phase II Master Plan, which will act as the specific plan for Phase II development of the Saint John’s Health Center after the Third Amendment Effective Date and until the end of the Phase II Vesting Deadline; and WHEREAS, the Phase II Master Plan is a comprehensive master plan that governs the Phase II portion of the Saint John’s Health Center Campus, including with respect to development, uses, circulation, parking, open space, and timing for implementation of the Phase II Master Plan; and WHEREAS, after the Phase II Vesting Deadline, the Zoning Code then in effect shall apply to any development applications filed for the Saint John’s Health Center, except as otherwise expressly allowed in the Third Amendment; and WHEREAS, due to the fact that the HASP is now obsolete, the Phase II Master Plan is a focused specific plan for the Saint John’s Health Center, and the development standards for the remainder of the Hospital Area are now included in Chapter 9 of the Santa Monica Municipal Code, City staff is recommending amendments to the 2010 LUCE and repeal of the HASP; and WHEREAS, the proposed Phase II Master Plan conforms to the requirements of Government Code sections 65450 et seq. as well as the requirements of Chapter 9.45 of the Santa Monica Municipal Code (General and Specific Plans); and DocuSign Envelope ID: 2123C3A6-649D-4674-985D-4F82BB2DB2D5 9.A.b Packet Pg. 2559 Attachment: RESOLUTION 11412 CCS INTENTION TO ORDER THE VACATION OF A PORTION OF 21ST STREET BETWEEN SANTA MONICA DocuSign Envelope ID: C801E4E7-E455-4B03-BAAA-3ABF8FAFBBEC WHEREAS, the City prepared and circulated for public review and comment a Draft Environmental Impact Report for the Phase II Master Plan (“Phase II DEIR”) pursuant to the California Environmental Quality Act (“CEQA”) and designated SCH No. 2017041030; and WHEREAS, on January 26, 2022, the City’s Planning Commission held a duly noticed public hearing on the Phase II Final Environmental Impact Report (“FEIR”), the Tentative Tract Map, the 2022 LUCE Amendment, the repeal of the HASP, the Third Amendment, the Phase II Master Plan, and the proposed street vacation of 21st Street, between Santa Monica Boulevard and Broadway, with conditions. At such hearing, the Planning Commission recommended that the City Council certify the Phase II FEIR and approve the 2022 LUCE Amendment, the repeal of the HASP, the Third Amendment with specified conditions, the Phase II Master Plan, the Tentative Tract Map, and the proposed conditional street vacation of 21st Street, between Santa Monica Boulevard and Broadway, with conditions; and WHEREAS, on March 22, 2022, the City Council held a duly noticed public hearing on the Phase II FEIR, the Tentative Tract Map, the 2022 LUCE Amendment, the repeal of the HASP, the Third Amendment, the Phase II Master Plan, and the proposed street vacation of 21st Street, between Santa Monica Boulevard and Broadway, with conditions, and certified the FEIR and adopted a Statement of Overriding Considerations and Mitigation and Monitoring Plan; adopted the 2022 LUCE Amendment and repealed the HASP; approved the Third Amendment; and approved the initiation of proceedings for the street vacation of 21st Street, between Santa Monica DocuSign Envelope ID: 2123C3A6-649D-4674-985D-4F82BB2DB2D5 9.A.b Packet Pg. 2560 Attachment: RESOLUTION 11412 CCS INTENTION TO ORDER THE VACATION OF A PORTION OF 21ST STREET BETWEEN SANTA MONICA DocuSign Envelope ID: C801E4E7-E455-4B03-BAAA-3ABF8FAFBBEC Boulevard and Broadway, with conditions; approved the Phase II Master Plan; and approved the Tentative Tract Map; and WHEREAS, the proposed amendments to the LUCE and repeal of the HASP should only be effective concurrently with the “Third Amendment Effective Date,” as such term is defined in the Third Amendment; and WHEREAS, the Phase II Master Plan should only be effective concurrently with the “Third Amendment Effective Date,” as such term is defined in the Third Amendment; and WHEREAS, the proposed Third Amendment conforms to the requirements of Government Code sections 65450 et seq. as well as the requirement of Chapter 9.60 of the Santa Monica Municipal Code (Development Agreements); and WHEREAS, the Phase II Master Plan contemplates a partial vacation of 21st Street, between Santa Monica Boulevard and Broadway, with conditions; and WHEREAS, the proposed street vacation area is as shown in Exhibit A, which is attached hereto and incorporated herein by this reference; and WHEREAS, the proposed street vacation will provide the opportunity for a pedestrian-oriented, publicly-accessible plaza as part of the Phase II Master Plan for the South Campus. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: DocuSign Envelope ID: 2123C3A6-649D-4674-985D-4F82BB2DB2D5 9.A.b Packet Pg. 2561 Attachment: RESOLUTION 11412 CCS INTENTION TO ORDER THE VACATION OF A PORTION OF 21ST STREET BETWEEN SANTA MONICA DocuSign Envelope ID: C801E4E7-E455-4B03-BAAA-3ABF8FAFBBEC SECTION 1. The City Council of the City of Santa Monica hereby declares its intention to order the vacation of that portion of 21st Street, between Santa Monica Boulevard and Broadway, as shown in the Exhibit A, which is attached hereto and incorporated herein by this reference. SECTION 2. The City Council of the City of Santa Monica, in vacating the above- mentioned portion of 21st Street, elects to proceed under and in accordance with the provisions of Streets and Highways Code Section 8300 et seq. In accordance with Streets & Highways Code Section 8324, subd. (b), the City Council may require that the vacation shall only occur after conditions imposed by the City Council have been satisfied and may instruct the City Clerk that any resolution of vacation adopted by the City Council not be recorded until such conditions have been satisfied. SECTION 3. In consideration of the vacation of this street, the applicant will relocate any sewer line, water line, and other utilities that may require relocation per City requirements, and provide any necessary utility easements to City and other utility providers. These costs will be borne by the applicant in addition to any connection fees. SECTION 4. The City Clerk is hereby directed to publish this Resolution in the Santa Monica Daily Press on two successive dates, the first publication is to be made not less than fifteen days prior to the date of the public hearing. SECTION 5. The hour of 6:30 p.m. of the 26th day of April 2022, in the City of Santa Monica, California, be and the same hereby is fixed as the time and place when DocuSign Envelope ID: 2123C3A6-649D-4674-985D-4F82BB2DB2D5 9.A.b Packet Pg. 2562 Attachment: RESOLUTION 11412 CCS INTENTION TO ORDER THE VACATION OF A PORTION OF 21ST STREET BETWEEN SANTA MONICA DocuSign Envelope ID: C801E4E7-E455-4B03-BAAA-3ABF8FAFBBEC and where all persons interested in or objecting to the proposed vacation may appear before the City Council and offer evidence in relation thereto. SECTION 6. The City Engineer of the City of Santa Monica hereby is directed to cause Notices of Street Vacation to be posted as required by Street and Highways Code Section 8323. SECTION 7. The City Clerk shall certify the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: JOSEPH LAWRENCE Interim City Attorney DocuSign Envelope ID: 2123C3A6-649D-4674-985D-4F82BB2DB2D5 9.A.b Packet Pg. 2563 Attachment: RESOLUTION 11412 CCS INTENTION TO ORDER THE VACATION OF A PORTION OF 21ST STREET BETWEEN SANTA MONICA DocuSign Envelope ID: C801E4E7-E455-4B03-BAAA-3ABF8FAFBBEC Exhibit “A” Diagram of Proposed Street Vacation Area on 21st Street, between Santa Monica Boulevard and Broadway DocuSign Envelope ID: 2123C3A6-649D-4674-985D-4F82BB2DB2D5 9.A.b Packet Pg. 2564 Attachment: RESOLUTION 11412 CCS INTENTION TO ORDER THE VACATION OF A PORTION OF 21ST STREET BETWEEN SANTA MONICA DocuSign Envelope ID: C801E4E7-E455-4B03-BAAA-3ABF8FAFBBEC Adopted and approved this 22nd day of March 2022. Sue Himmelrich, Mayor I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11412 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 22nd day of March 2022, by the following vote: AYES: Councilmembers Brock, Davis, De la Torre, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember Negrete ATTEST: Nikima Newsome, Assistant City Clerk DocuSign Envelope ID: 2123C3A6-649D-4674-985D-4F82BB2DB2D5 9.A.b Packet Pg. 2565 Attachment: RESOLUTION 11412 CCS INTENTION TO ORDER THE VACATION OF A PORTION OF 21ST STREET BETWEEN SANTA MONICA City Council Report City Council Meeting: March 22, 2022 Agenda Item: 9.A 1 of 50 To: Mayor and City Council From: David Martin, Director, City Planning Subject: Adoption of Resolutions and Introduction and First Reading to Adopt the Providence Saint John's Development Agreement Recommended Action It is recommended that the City Council take the following actions: 1. Adopt a resolution certifying the Final Environmental Impact Report (FEIR) for the Third Amendment to the Development Agreement and Providence Saint John’s Health Center Phase Two Master Plan in accordance with CEQA; 2. Adopt a resolution adopting a Statement of Overriding Considerations to support approval of the Third Amendment to the Development Agreement and Providence Saint John’s Health Center Phase Two Master Plan based upon the FEIR and other information provided in the record and adopting a Mitigation Monitoring and Reporting Program; 3. Adopt a resolution repealing the 1988 Hospital Area Specific Plan and amending the 2010 Land Use and Circulation Element of the General Plan to modify references to the 1988 Hospital Area Specific Plan; 4. Adopt a resolution approving the Providence Saint John’s Health Center Phase Two Master Plan; 5. Introduce an ordinance for first reading to adopt the Third Amendment to the Development Agreement for the Providence Saint John’s Health Center Phase Two Master Plan; 6. Adopt a Statement of Official Action approving Tentative Tract Map 82302; and 7. Adopt a Resolution of Intent declaring the Council’s intent to vacate a portion of 21st Street between Santa Monica Boulevard and Broadway upon dedication of new public streets to be located on Saint John’s South Campus. Summary The Applicant, Providence Saint John’s Health Center, (“Providence” or “Saint John’s”) currently operates a full-service health care center, including a hospital, emergency room, outpatient care, and research facilities on both sides of Santa Monica Boulevard 9.A.c Packet Pg. 2566 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 2 of 50 roughly between 20th and 23rd Streets. The original Development Agreement was executed in July 1998 with a 55-year term to guide phased reconstruction and future development of Saint John’s Health Center after the 1940s-built hospital sustained substantial damage from the 1994 Northridge earthquake. The Development Agreement authorized vested rights for two phases of development on Saint John’s- owned property. Providence has worked collaboratively with the City of Santa Monica since 2015 on the preparation of the proposed Phase Two Master Plan (“Master Plan”) at the Providence Saint John’s Health Center campus. Providence also applied for a third amendment to its original development agreement (“Third Amendment”) to state the process and timing to allow vested rights for the development of up to 682,700 sf (of which up to 660,150 sf would be above-grade and up to 22,550 sf would be below- grade) of wellness/healthcare/research facilities and a range of community-focused uses through a phased design, approval, and construction process. The development agreement incorporates the development standards and infrastructure requirements from the Master Plan. The existing North Campus hospital (on the north side of Santa Monica Boulevard) will remain. As part of the negotiated development agreement, Providence would provide substantial community benefits that would provide up-front and longer-term resources to help address our community’s critical health needs. The Third Amendment is necessary to implement Phase Two based on Providence’s previous request for an extension of time to construct certain improvements. Preparation and negotiation of the proposed Master Plan and Third Amendment has been guided by the parameters and fundamental intent of the originally-granted vested rights for Phase Two development, while also updating the plan concept to respond to changes in health care; address the City’s desire to manage development impacts and overall size of Phase Two; address infrastructure needs; and implement a multi-modal mobility strategy specific to the Health Center campus and its Mid-City context. Of equal importance, the proposed Third Amendment also presents a fundamentally- renegotiated community benefit package for the duration of the original 55-year Development Agreement term. This Amendment acknowledges Saint John’s important role as a non-profit health center that implements and supports programs addressing 9.A.c Packet Pg. 2567 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 3 of 50 critical health needs in the community by consolidating Providence’s ongoing annual Phase One community benefit obligations with the additional benefits negotiated for Phase Two. As proposed, the renegotiated community benefit package reflects three key strategies that focus on both securing long-term benefits through the year 2053 and up-front, flexible funding to increase the City’s capacity to address priority needs: 1. Maintain certain ongoing Phase One community benefits categories through 2053 and, as needed, expand these programs to account for Phase Two development, such as Saint John’s on-site Child Care Program requirement, transportation demand management program, and neighborhood protection measures. 2. Restructure Providence’s annual Santa Monica Community Benefit Program to obligate Saint John’s to provide increased annual cash grant support to other non-profit organizations who provide a range of programs to address homelessness and other critical health and social service needs in the community. 3. A monetary commitment of two $5,000,000 cash contributions ($10,000,000 in total) from Providence to support Santa Monica initiatives that directly respond to the City’s urgent priority to address behavioral health needs in the community. The City would use and/or leverage these negotiated funds to support a comprehensive strategy to increase capacity to address the community’s unmet behavioral health needs. Associated applications also include: • A General Plan Amendment to repeal the outdated Hospital Area Specific Plan, which was not previously updated with the adoption of the 2010 Land Use and Circulation Element or the 2015 Zoning Ordinance Update; • A request to vacate a portion of 21st Street between Santa Monica Boulevard and Broadway, subject to conditions, in order to implement the Master Plan and create a publicly-accessible plaza that opens onto Santa Monica Boulevard with public access for pedestrian and cyclists provided through to Broadway; and 9.A.c Packet Pg. 2568 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 4 of 50 • A Tentative Tract Map to align existing parcel lines within the Phase Two Master Plan area that is bounded by Santa Monica Blvd, 20th Street, Arizona Avenue and 23rd Street. Key Issues for Council Consideration The proposed Master Plan and Third Amendment includes a negotiated community benefits package that reflects extensive work between Providence and the City over a seven-year period and acknowledges that a balanced approach for a proposal of this scale is necessary. Long-term planning for providing health care in today’s changing landscape requires a level of predictability and flexibility for an institution like Saint John’s to function effectively and also continue its legacy of service to the community. In fact, over the past two years, as observed through the global health care response to the COVID-19 pandemic, there is a heightened need for health care providers to plan for future expansion to accommodate new medical technologies and standards of care, while also remaining responsive to a rapidly changing and challenging health care environment. With respect to land use planning, it is also important to address the interests of residents and businesses in the area impacted by the growth and daily operations of a major institution like Saint John’s. Saint John’s must navigate the challenges of serving its core mission, being a good neighbor, collaborating with the City on orderly long- range planning, and going through the City’s entitlement process. Accordingly, the Master Plan has undergone in-depth City review and the Providence team has made a series of significant revisions in response to City comments that have been focused on creating a long-range plan that supports orderly, phased, and integrated development at the Saint John’s campus. It is important to state that the Phase Two Master Plan does not obligate Saint John’s to construct any particular development or the entire development scope; rather the Master Plan provides a framework for Saint John’s to continue to meet changing health care needs through the flexible reassessment and modernization of Health Center facilities and operations for a 17-year vesting period. 9.A.c Packet Pg. 2569 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 5 of 50 As detailed more fully in this report, on January 26, 2022, the Planning Commission voted to recommend that the City Council approve the Phase Two Master Plan and amended Development Agreement with eight recommended refinements to the negotiated community benefits package. Taken together, the proposal successfully provides a comprehensive, integrated, and orderly long-range plan for phased development of wellness, health care, and medical research facilities on the Saint John’s Campus – and provides substantial community benefits that provide support for homelessness services and services to other vulnerable populations, and a significant, new financial investment to support City initiatives to address the community’s critical behavioral health needs. Background Project Site Information Providence Saint John’s Health Center is located along Santa Monica Boulevard between 20th Street and 23rd Street. The facility’s North Campus is located between Santa Monica Boulevard and Arizona Avenue with the main hospital entrance on Santa Monica Boulevard and the emergency department entrance on Arizona Avenue. The South Campus is located between Santa Monica Boulevard and Broadway and includes the Saint John’s Cancer Institute, and surface parking lots. 9.A.c Packet Pg. 2570 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 6 of 50 Figure 1: Providence Saint John’s Health Center along Santa Monica Boulevard / 23rd Street / Arizona Avenue Figure 2: Providence Saint John’s Health Center Phase Two North Campus 9.A.c Packet Pg. 2571 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 7 of 50 Zoning District & Land Area HMU (Healthcare Mixed-Use District) MUBL (Mixed-Use Boulevard low District) 347,700 SF parcel area zoned HMU 7,200 SF parcel area zoned MUBL Providence Saint John’s Health Center Campus LUCE: Healthcare District Land Use Designation 1988 Hospital Area Specific Plan Existing On-Site Improve ments: (A) Providence Saint John’s Health Center & Entry Plaza ~475,000 SF 2121 Santa Monica Blvd (1942 / 2013) (B) Providence Saint John’s Child & Family Development Center – ~34,670 SF 1339 20th Street (1961) (C) Commercial building ~10,551 SF (SJHC Foundation Building) 2221 Santa Monica Blvd (1970) (D) Saint John’s Cancer Institute and Research Center ~55,055 SF 2200 Santa Monica Blvd (1951) (E) 10-unit apartment building (vacant) – 1417 21st Street (1948) (F) MRI Building (G) Surface parking lots Adjacent Zoning Districts & Land Uses: R2, R4, MUB, HMU, MUBL, GC: Medical office & services, single- & multi-family residential, assisted living, commercial, institutional, creative office & studios Project Timeline and Process Providence Saint John’s Health Center is a non -profit hospital and health care facility that was originally built in 1942 on Santa Monica Boulevard between 20th and 23rd Streets in the Mid-City neighborhood. After sustaining significant damage in the 1994 Northridge Earthquake, a plan for a two-phase (Phase One and Phase Two) reconstruction and expansion of the hospital’s North and South Campuses was authorized in July 1998 through approval of a Development Agreement between the City and the Sisters of Charity of Leavenworth on behalf of Saint John’s Health Center. The 55-year term of the Development Agreement ends on July 9, 2053. The First Amendment to the Development Agreement was authorized by Council in 2011, in large part, to modify the way the Health Center would be required to provide parking for the Phase One project. Phase One construction was completed in 2013. The Second A B C D E F G G 9.A.c Packet Pg. 2572 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 8 of 50 Amendment to the Development Agreement, authorized by Council in 2017, was largely procedural in nature and established the framework for consideration of an extension of Phase Two vested rights subject to negotiation of a third amendment to its original Development Agreement (“Third Amendment”), which is the application currently before the Council. A full summary and history of the original Development Agreement and Second Amendment is provided in Attachment “B”. Figure 3: Project Timeline and Process Public Review Process for Master Plan and Third Amendment to Development Agreement The public review process for the Applicant’s proposal included a number of steps, including several community meetings, to engage community members and policy makers on the Phase Two Master Plan and potential community benefits. Preliminary discussions by the Planning Commission and City Council regarding the proposed development agreement followed in 2016. The City Council gave authorization to proceed with project negotiations and environmental review in December 2016 and the hearing for the Second Amendment in April 2017 provided another opportunity for public comment. A Public Scoping Meeting was held by the City in 2017 to gather community 9.A.c Packet Pg. 2573 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 9 of 50 input on the potential impacts areas to study in the project’s Environmental Impact Report (EIR). Figure 4: Summary of Salient Points from Public Review Process Planning staff and members of the Providence team attended meetings of the City’s Social Services Commission in August 2019 and on February 28, 2022 to provide an overview of the Phase Two Master Plan and share information about Providence’s current community benefit program and key benefits negotiated for Phase Two. The Social Services Commission submitted an Op-Ed to the Santa Monica Daily Press (see Attachment “C”) in February 2020 outlining its priority recommendations. Planning staff and Providence also attended a second meeting of the Social Services Commission on February 7, 2022. A letter from the Commission outlining its comments on the negotiated community benefits proposal will be provided to the City Council for its March 22, 2022 hearing (see Attachment “C”). Finally, as part of the Planning Commission’s public hearing, nearly 100 letters were provided to the Commission. Attachment “C” to this staff report provides links to these public comments provided during the City review process. Planning Commission Recommendation for Third Amendment to Development Agreement On January 26, 2022, the Planning Commission voted 4-0-1 to recommend that the City Council Certify the Final EIR and approve the Phase Two Master Plan, Third 9.A.c Packet Pg. 2574 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 10 of 50 Amendment, and other associated applications with the inclusion of eight recommendations that address negotiated Phase Two community benefits and certain impact fees. The Commission agreed that the Master Plan provides a comprehensive approach for modernization of the Health Center campus and the community benefits package is significant and provides important programs and resources that respond to community needs. The Planning Commission’s eight recommendations to guide implementation of Providence’s annual community benefit program are organized into the following three categories and listed below: A. Annual Cash Grant and In-Kind Services Program B. Funding for Santa Monica Behavioral Health Initiatives C. Impact Fees and Multi-Family Housing Staff’s response to these recommendations is presented with fuller context in the Community Benefits section of this staff report. A. Annual Cash Grant and In-Kind Services Program 1. Providence shall consult with subject matter experts, community stakeholders, and co-funders in the grantmaking processes. 2. Limit in-kind funding to clearly measurable capital and operational contributions. 3. Ensure a robust system for funding data-driven innovation that does not unfairly advantage prior grantees over promising new grantees. Exhibit R-1 to the Development Agreement contains the negotiated Community Benefits. Staff has incorporated items #1 and #2. As discussed later in this report, while staff has not incorporated the specific language of #3 above, the intent of this recommendation is addressed through the inclusion of a review process to allow Saint John’s to seek City Council approval to make a cash grant to a new organization or program that would count toward its Development Agreement requirement, in the event that the grantee is not also a City Human Services Grant Program recipient. 9.A.c Packet Pg. 2575 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 11 of 50 B. Funding for Santa Monica Behavioral Health Initiatives 4. Focus the behavioral health funding on infrastructure and gap funding for mental health outpatient care, with attention to measurable ways that the program can divert from and prevent readmission to inpatient psychiatric care. 5. Do not include the requirement for an eight-year outside payment date for the second $5M payment to the City for behavioral health initiatives or a 1.5% adjustment for inflation as proposed by staff. As discussed more fully in this report, staff has negotiated a $10,000,000 cash contribution from Providence to the City to be provided in two payments and the Development Agreement stipulates that that these funds are to support Santa Monica behavioral health initiatives, as determined by the Santa Monica City Council, following a City-led public engagement process. Staff has not incorporated the Planning Commission’s recommended language in #4 because the parameters in the Development Agreement have specifically been drafted to provide the flexibility necessary to allow the City Council to determine the most effective use of these funds. Staff does not agree with the Planning Commission’s recommendation #5 to eliminate the staff-proposed eight-year outside payment date for the second $5,000,000 contribution to the City. As discussed in the Community Benefits section of this staff report, assuming Providence moves forward with construction of Phase Two, having a timeline for receiving this second contribution, which would include an annual adjustment as recommended by staff, will allow the City to more effectively plan for the use of these funds to support future behavioral health services in the community. C. Impact Fees and Multi-Family Housing 6. Vest the Transportation Impact Fee (TIF) and Affordable Housing Commercial Linkage Fee at the FY2021-2022 baseline rates for full 17-year term for the Phase Two Master Plan. 9.A.c Packet Pg. 2576 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 12 of 50 7. Require the ten (10) units of Multi-Family Housing to be deed-restricted for 80% AMI Households, based on California Tax Credit Allocation Committee (TCAC) rents, instead of for 50% AMI Households. 8. Clarify and expressly state that if Saint John’s partners with a nonprofit housing provider to build a 100% Affordable Housing Project, rent levels for the deed-restricted affordable housing units may be aligned with the permitted income limits, rent limits, and regulations of the public financing source. As outlined in #6, the Planning Commission recommends that Providence pay its Transportation Impact Fee (TIF) and Affordable Housing Commercial Linkage Fee for all Phase Two development that occurs during the 17-year vesting period for the Master Plan based on the FY2021-2022 rates plus Consumer Price Index (CPI), compared to the ten-year period agreed on by the staff and the Applicant. Staff continues to recommend that the two impact fees be held at today’s rates plus CPI for the 10-year period only. Consistent with the purpose of a development agreement, the City’s proposal balances Providence’s interest in having vested rights and a greater measure of predictability – with the City’s need to recover costs for capital improvements and providing new affordable housing that are necessary to mitigate impacts associated with new development in the City. City staff and Providence have reviewed Planning Commission recommendations #7 and #8 addressing the ten (10) units of replacement multi-family housing to be provided as part of the Phase Two Master Plan. The Planning Commission’s recommendations have been considered but not fully incorporated. The Planning Commission was concerned that a ten (10) unit development with 50% Area Median Income (AMI) rents would not be feasible and therefore recommended higher TCAC 80% AMI rents to make the ten (10) replacement unit development feasible. However, while higher TCAC 80% AMI rents would increase feasibility for a ten (10) unit development, it would not encourage the applicant to seek opportunities to provide more affordable housing units. Staff’s intent is to incentivize Providence’s full utilization of resources by partnering with a non-profit housing provider and allowing flexibility in income targeting, rents, unit mix, and sizes to obtain public financing for a larger number of affordable units without 9.A.c Packet Pg. 2577 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 13 of 50 specifically mandating or imposing a specified number of additional units since completion of the replacement units is required before a certificate of occupancy can issue for the other Phase Two developments. Therefore, the updated language provided in Exhibit R-1 to the Third Amendment states that all units will be deed- restricted for TCAC 80% AMI Households with the clarification that rents, income levels, unit mix, and unit sizes may be adjusted in order to partner with a non-profit affordable housing provider to develop the affordable units and obtain public financing. Discussion I. Overview of Phase Two Master Plan The Master Plan establishes the vision, goals, and principles for long-range development of the Health Center through the following components: • Vested rights for maximum allowable floor area and building heights; • Cohesive circulation and multi-modal mobility plan for vehicles, bicycles, and pedestrians and parking requirements; • Permitted Uses; • Development standards including: o Building form/envelope standards (e.g. setbacks/stepbacks) that address the specific needs of a health care campus o Open space requirements including publicly-accessible open space • Potential development phasing plans; and • Requirements for necessary utilities and infrastructure to improve connections between Saint John’s and surrounding neighborhood. More specifically, the Master Plan’s phased development proposes the following: • Up to 682,700 sf of total floor area, of which up to 660,150 SF would be above- grade floor area (approximately 563,525 SF of net-new above-grade floor area) and 22,550 sf would be below-grade floor area for development of wellness/healthcare/research facilities; 9.A.c Packet Pg. 2578 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 14 of 50 • A requirement for future discretionary review by the Planning Commission of certain Phase Two buildings; • Future vacation of a portion of 21st Street between Broadway and Santa Monica Boulevard, subject to conditions including dedication of new public streets to be located on Saint John’s South Campus; • On-site subterranean parking; • Publicly-accessible open space areas; • Visitor accommodations; • A minimum of 10 units of replacement multi-family housing; and • New replacement facilities for Providence’s existing Saint John’s Cancer Institute and Child and Family Development Center. The proposed Master Plan would govern any proposals for future facilities on Saint John’s Phase Two development sites submitted for a period of 17 years. Following approval of the Master Plan, each building proposed for construction during this 17-year vesting period would require both a finding of consistency with the Phase Two Master Plan and review and approval of a Development Review Permit by the Planning Commission. This review by the Planning Commission is required so that building mass, site design, and infrastructure and parking needs are reviewed in the future – at a period in time closer to when individual building will be constructed – and with the benefit of a then-current assessment of health care, community priorities, and infrastructure needs. It is important to state that the Phase Two Master Plan does not obligate Saint John’s to construct any particular development or the entire development scope; rather the Master Plan provides a framework for Saint John’s to continue to meet changing health care needs through the flexible reassessment and modernization of Health Center facilities and operations for a 17-year vesting period. The Master Plan identifies the infrastructure, circulation, and open space improvements necessary for each Phase 9.A.c Packet Pg. 2579 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 15 of 50 Two Building and also addresses keeping the existing Health Center in full operation throughout each stage of future development. While there are two conceptual phasing plans presented as part of the Master Plan, the exact order for development of Phase Two Buildings is not mandatory, as each stage of development can occur and function independent of other stages, if certain Phase Two Buildings are not pursued in the future. During the 17-year vesting period Saint John’s would not be permitted to pursue new health care facilities under the current zoning standards. The overall term of the amended Development Agreement would remain at a total of 55 years until the year 2053. Purpose and Goals of the Phase Two Master Plan The proposed Phase Two Master Plan and Third Amendment to the Development Agreement between the City and Providence represents a comprehensive evaluation of the proposed vested rights and obligations for Phase Two development that reflects Saint John’s important and long-standing presence in the community as a health care provider and one of the City’s top five employers with a total of over 1,400 employees, and the organization’s need to update facilities and create new space that reflects both the innovations and changing needs in health care. The Phase Two Master Plan presented as Attachments “D” and “E” encompasses Applicant-owned parcels on both sides of Santa Monica Boulevard and integrates health care-related uses, buildings, open space, parking resources, and vehicle, pedestrian, and bicycle circulation improvements across the North and South Campuses with the goal of expanding on the services currently provided by the hospital’s diagnostic and treatment center, in-patient suites, emergency department, and medical research facility (Saint John’s Cancer Institute). Providence developed the parameters and program goals for the Phase Two Master Plan following a needs assessment process conducted by Providence after assuming sponsorship of the Health Center in 2014 and have been revised based on periodic outreach with community members, following Planning Commission and Council 9.A.c Packet Pg. 2580 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 16 of 50 preliminary discussions of the Master Plan concept, and substantive and extensive review with City staff. The proposed Master Plan incorporates the recommendations and priorities that have been gathered from Providence’s executive team, physicians, clinicians, staff, administrators, and community health care service providers – and provides a long-range plan for developing a state-of-the-art medical care and research center that includes a new medical research facility for the Saint John’s Cancer Institute, expanding ambulatory and acute care services rebuilt as part of Phase One, and supporting health and wellness education in the community. The City has conducted a comprehensive review of the proposed Phase Two Master Plan and worked with Providence to negotiate the process and terms for the Third Amendment in furtherance of following key principles: • Preserving and expanding community access to the high quality health care provided by Saint John’s; • Promoting economic investment in Santa Monica; • Protecting the surrounding community from impacts; and • Negotiating enhanced community benefits for Santa Monica and its residents that support City priorities to address critical health care needs in the community. With respect to the Master Plan, through the review process, the City sought to create a comprehensive campus plan that provides the following: • Orderly, phased, and cohesive buildout of health care and community-focused uses; • A variety of enhanced open space areas; • Sufficient on-site parking and infrastructure; • Safe and efficient mobility for all modes; and • Development parameters that set clear buildable envelope maximums and also provide the flexibility necessary to respond to changing health care needs over the next 17 years. 9.A.c Packet Pg. 2581 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 17 of 50 The proposed Phase Two Master Plan is divided into four chapters and provides a comprehensive presentation of the vision, vested uses and development standards, and options for implementation of Phase Two development. Providence Saint John’s Health Center Phase Two Master Plan - Key Topics Chapter 1 Introduction Overview of Health Center; Master Plan parcels; regulatory requirements; prior amendments Chapter 2 Vision, Goals, Policies Overview of Master Plan Components; Phase I vision and planning; Phase Two programming goals; urban planning and design principles Chapter 3 Development Standards Plan Overview Permitted Uses Development Standards Open Space Standards Mobility Plan Vehicle Parking Plan Bicycle Amenities Loading Sustainability and Resiliency Water and Sewer Infrastructure Emergency Vehicle Access Chapter 4 Phasing Plan Implementation Principles Phasing Plans Scope of Work in Each Stage for Phasing Plan A & Phasing Plan B Due to the comprehensive nature of the Phase Two Master Plan, a summary of the following key components is provided as Attachment “A” to this staff report: • Phase Two vested uses and site planning • Conceptual development of Phase Two site and buildings • Key development standards and Phase Two vested floor area comparison • Open space and pedestrian connections • Mobility plan and parking Each section includes a discussion of the key factors that guided staff’s review of that component of the Master Plan from a land use policy and planning perspective. Conceptual Phasing Plans for Master Plan Implementation As summarized in Attachment “A” and presented in full in Attachment “D”, the Phase Two Master Plan sets forth an integrated long-range plan for phased design, approval, 9.A.c Packet Pg. 2582 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 18 of 50 and development of wellness, health care, and medical research facilities on the Saint John’s Campus. The City and Saint John’s have conducted intensive review and study of all aspects of the Master Plan to identify the infrastructure, circulation, and open space improvements are required for each building and stage of implementation of the Phase Two development program. Chapter Four of the Master Plan includes two conceptual phasing plans that provide the order in which development is likely to occur and identifies the associated improvements and related construction activities that will be required with each building and development stage. While discussion about Master Plan implementation has shifted focus over the course of the City review process, several key outcomes have continued to shape the City’s careful evaluation of this important aspect of the Phase Two Master Plan: • Structuring orderly, phased buildout of the Phase Two development program with the existing Health Center remaining accessible and in full operation; • Ensuring the existing Child and Family Development Center and Saint John’s Cancer Institute will remain in continuous operation until new facilities are constructed and ready to open; • Minimizing construction impacts to neighboring residents and businesses, by allowing staging on Providence Saint John’s owned properties to the extent reasonably feasible; • Ensuring that sufficient parking is provided for existing health center operations for its various users groups throughout implementation of the Master Plan; and • Ensuring that applicable infrastructure, open space, and circulation improvements are provided timely with each implementation stage of the Phase Two development program. Two potential alternate phasing plans were studied in detail as part of the Phase Two Master Plan review: Phasing Plan A and Phasing Plan B. These alternative Phasing Plans are shown in Figures 5 and 6 below and on Pages 58-59 of the Master Plan with 9.A.c Packet Pg. 2583 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 19 of 50 the specific requirements for each stage of the plans. In Phasing Plan A, the first Phase Two developments to move forward would be the Child & Family Development Center (S1), Multi-Family Housing (S2), and West Ambulatory Care & Research Building (S3). Figure 5: Master Plan – Phasing Plan A In Phasing Plan B, the West Ambulatory & Acute Care (2C) building on the North Campus along with the Multi-Family Housing (S2) would be the first developments to move forward. 9.A.c Packet Pg. 2584 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 20 of 50 Figure 6: Master Plan – Phasing Plan B These Phasing Plans presented in full in the Master Plan demonstrate the incremental stages of implementation for the infrastructure, open space, parking, circulation and other improvements associated with the redevelopment of each Phase Two site. If implementation of Phase Two proceeds in an order that differs from the two phasing plans, the Third Amendment’s Development Review Permit findings along with the companion requirements in the Master Plan ensure that infrastructure, open space, parking, circulation and other improvements necessary to support each Phase Two site are provided. Finally, it should be noted that during the City review process, a draft proposal was initially presented with a single phasing plan that included specific time deadlines for each stage of development with buildings constructed in sequential order during the vesting period (e.g., The S1 Building Development Review Permit would be filed within three years of Master Plan approval, etc.). While this concept represented a simplified 9.A.c Packet Pg. 2585 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 21 of 50 approach to phased development of the master plan, both parties negotiated the two potential phasing plans presented today in recognition of the fundamental need expressed by Saint John’s to have the flexibility, as a non-profit health care provider, to fundraise and plan construction, to account for the inherent complexity of maintaining ongoing operations during construction, and to potentially shift the order of Phase Two development to respond to programmatic priorities in response to changing health care needs in the community. II. Third Amendment to the Development Agreement Vested Rights and Approval of Phase Two Buildings This Third Amendment reflects the good faith negotiations both parties have engaged in to extend the Phase Two Vesting Deadline to allow for a longer timeframe to develop in accordance with the proposed Phase Two Master Plan and provide renegotiated community benefits as required by the amended Agreement. More specifically, the Third Amendment provides a seventeen (17) year Phase Two Vesting Deadline starting from the final effective date of the Third Amendment, subject to a maximum three-year extension. Prior to the Phase Two Vesting Deadline, Saint John’s would have a vested right to construct Phase Two development with the floor areas, building heights, uses, and number of units indicated in Chapter 3 of the Phase Two Master Plan, provided procedural requirements and milestones are completed timely for submittal of Planning applications, issuance of building permits, and completion of construction for Phase Two Buildings. The Third Amendment also provides for the following: • Allows modifications to the Phase One circulation plan that was established by the original Development Agreement in order to align the North Campus Entry Plaza with new South Campus circulation per the Phase Two Master Plan. • Establishes review procedures for Phase Two development during the 17-year Vesting Period as follows: o Development Review Permit - For each Phase Two Building. 9.A.c Packet Pg. 2586 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 22 of 50 o ARB Approval (Design Review) - Required prior to issuance of a building permit for each Phase Two Building. o Administrative Approval – Allowed for buildings less than 2,000 SF such as the two small cafés and for the Multi-Family Housing Building. Special Development Review Findings for Phase Two Buildings Specifically-tailored Development Review Permit findings of fact have been created and incorporated in the Third Amendment in order to acknowledge the requirement for consistency with the Phase Two Master Plan and the vested rights established by the Plan and to address the unique requirements of developing pursuant to the Phase Two Master Plan, including the need for a final determination of the necessary off-site infrastructure by the City Engineer and City Traffic Engineer as part of the Development Review Permit process. All Phase Two Buildings that require approval of a Development Review Permit would be subject to the following proposed findings of fact necessary for approval: 1. The physical location, size, height, density (floor area or number of units), massing, setbacks, pedestrian orientation, open space, parking requirements, and placement of proposed structures on the site and the location of proposed uses within the project are consistent with the Phase II Master Plan Standards (Exhibit “Q”); 2. The rights-of-way can accommodate autos, bicycles, pedestrians, and multi- modal transportation methods, including adequate parking and access in accordance with the Phase II Master Plan Standards (Exhibit “Q”); 3. The health and safety services (police, fire etc.) are sufficient to accommodate the new development; 4. The project is generally consistent with the Phase II Master Plan Standards (Exhibit “Q”); 5. Based on environmental review in accordance with Section 2.13.4 of the Third Amendment, the proposed project has no potentially significant environmental impacts or any potentially significant environmental impacts have been reduced 9.A.c Packet Pg. 2587 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 23 of 50 to less than significant levels because of mitigation measures incorporated in the project or a Statement of Overriding Considerations has been adopted; 6. The project has no unacceptable adverse effects on public health or safety; 7. The project complies with all applicable mitigation measures and conditions of approval established in Exhibit “S” of the Third Amendment. 8. The project provides all applicable significant project features and community benefits consistent with Exhibit “R-1” of this Third Amendment. 9. Saint John’s has met and conferred with the City Engineer and City Traffic Engineer, as applicable, to determine the off-site infrastructure (for utilities, traffic infrastructure, and public right-of-way) that will be required by the City Engineer and City Traffic Engineer as conditions to issuance of a building permit to be completed prior to issuance of the Certificate of Occupancy for the Phase II Building(s), and the information necessary for the City Engineer and City Traffic Engineer to make his or her determination has been provided by Saint John’s. Without limiting the City Traffic Engineer’s or the City’s Engineer’s authority under Article 7 of 2022 SMMC, as amended from time to time after the Third Amendment Effective Date, the City Traffic Engineer’s and City Engineer’s determinations are generally consistent with the Phase II Master Plan. Proposed Community Benefits Pursuant to a development agreement, the City can negotiate community benefits within the bounds of its police power and statutory authority. The Third Amendment that accompanies the Master Plan proposes a renegotiated community benefit package for the duration of the original 55-year Development Agreement term that ends in the year 2053. The City’s negotiation of community benefits has been focused on delivering a series of programmatic and monetary investments from Saint John’s to support community health in the Santa Monica. The following discussion presents a brief summary of each community benefit category that has been negotiated by the City and Providence. This negotiation acknowledges 9.A.c Packet Pg. 2588 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 24 of 50 Saint John’s important role as a non-profit health care provider that implements and supports programs addressing critical health needs in the community and builds upon the substantial community benefits that have been provided by Saint John’s through its existing Phase One obligation. Exhibit R-1 to the Third Amendment would govern community benefits, childcare requirements, and neighborhood protection provisions in the Development Agreement including for Phase One and Phase Two. Some community benefits are required through the end of the 17-year vested rights term for the Phase Two Master Plan while other benefits are required through the end of the term of the Development Agreement in the year 2053. 1) Community Benefit Program: Homelessness Services and Services to Other Vulnerable Populations The new Community Benefit Program would serve as a replacement for Saint John’s annual Phase One Santa Monica Community Access Plan (SMCAP) obligation. This would require that Saint John’s continue its triennial health needs assessment in the community and provide on an annual basis until the end of the Development Agreement term, grant funds and in-kind services to support homelessness services and services to other vulnerable populations. More specifically, Saint John’s must provide cash grants to other non-profit community partners and in-kind support for homeless services and prevention, services to other vulnerable populations, and/or behavioral health programs in the community in the amount of a minimum of One Million Dollars ($1,000,000) in value provided annually for twenty years. Starting in calendar year 2043, a minimum of Five Hundred Thousand Dollars ($500,000) in value will be required annually through the end of 2052. The annual amount of the Providence’s community benefit program will be subject to an annual 1.5% adjustment. Providence must provide a minimum of 80% of the required annual value as cash grants to other non-profit organizations/programs that meet the following criteria and 9.A.c Packet Pg. 2589 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 25 of 50 any remaining applicable annual value any may be provided as in-kind support or programs: • The non-profit organization must serve populations consistent with the requirements of the City’s Human Services Grants Program; and • The non-profit organization is funded by or has been funded by the City of Santa Monica’s Human Services Grant Program within the three fiscal years prior to submitting a request to Providence for grant funding. For other organizations/programs that may not meet these criteria (e.g., a new/emerging organization or new program that is not funded by the City’s grant program), the Development Agreement provides a process for Saint John’s to make a request to the City Council for approval that a cash grant to such organization/program would count toward its annual requirement. Per the Planning Commission’s recommendations, as part of its annual community benefit program implementation, the following two criteria shall also apply in order to provide: • Saint John’s shall consult with subject matter experts, community stakeholders and co-funders [i.e. financial partner] in the grantmaking process. • Any in-kind funding shall be limited to clearly measurable capital and/or operational contributions. At the end of the Development Agreement Term, the total value of Providence’s annual community benefit program will be over $29,000,000, of which over $23,000,000 will have been provided by Providence as cash grants to other non-profit organizations. 2) Child Care Program During the entire Development Agreement Term, Saint John’s will be required to continue its on-site Phase One Child Care Program obligation for providing a minimum 49 spaces for full-day childcare which includes a minimum 21 full-day infant/toddler 9.A.c Packet Pg. 2590 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 26 of 50 spaces and provide additional service capacity to address Phase Two childcare demand. Along with a series of programmatic requirements, tuition subsidies are also required as part of the Phase One obligation. The original Development Agreement requires Saint John’s to provide additional childcare spaces to address the childcare needs generated by the Phase Two development. A childcare needs assessment was conducted as part of the Phase Two process, subject to City approval. Based on that analysis Saint John’s is required to increase its service capacity for a minimum of 11 additional childcare spaces over the implementation of Phase Two development. The requirement to provide its Child Care Program to address both Phase One and Phase Two requirements may occur in the planned new Child and Family Development Center Building (S1) on the South Campus adjacent to Broadway. This planned facility would have a total of five classrooms, outdoor activity space, and have operational capacity for up to 71 licensed childcare spaces. In the event that childcare for Phase One or Phase Two is not provided on the S1 Site and operations remain on the North Campus in the existing Child and Family Development Center Building, Saint John’s will be required to pay an Early Childhood Initiatives contribution to the City in the amount of $300,000.00. The City would utilize this contribution to support early childhood initiatives including but not limited to infant, toddler and pre-school tuition subsidies; family support and parent engagement strategies; home visitation programs; facility and playground improvements and kindergarten readiness models. 3) Monetary Contribution for Santa Monica Behavioral Health Initiatives Background on Negotiation The City recognizes the need for greater capacity to address the unmet behavioral health needs of both housed and unhoused residents, especially on a 24/7 basis. The City is studying different models to address this gap, assessing resources and identifying partnerships both locally and in the region. The City’s Community Services Department has released a Request for Proposals to advance this evaluation in a concrete way. More specifically, the City is seeking a cross-discipline expert team to advise the City and support the development of a comprehensive behavioral health 9.A.c Packet Pg. 2591 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 27 of 50 strategy, to include a community engagement process, and to evaluate the feasibility and development of an operational plan and site assessment for a potential behavioral health center. City and Providence Negotiation In addition to the negotiation of Saint John’s annual Community Benefit Program providing cash grants and in-kind services to support homelessness services and services to other vulnerable populations, as outlined in #1 above, the City and Providence have been in substantive discussions regarding a new and significant investment from Providence in the form of a direct financial commitment of $10,000,000 to help expand access to services and to improve the continuum of care for individuals in the community who need access to behavioral health services. The negotiated funds would be paid directly to the City and could be used for capital needs or operational funding for a behavioral health center – or for other City-sponsored behavioral health programs. The most effective way(s) to use these funds would be determined at the discretion of the City Council. It is staff’s hope that Council’s determination will be informed by the forthcoming inclusive community-based process to develop a comprehensive behavioral health strategy, including an operational plan for a 24/7 behavioral health center and feasibility studies of available City property. A Request for Proposals for experts to support the City’s development of a community- wide behavioral health strategy was released earlier this month. Staff anticipates returning to Council in Summer 2022 with recommendation of award of contract. Community engagement would follow. Additionally, staff will return to Council in May with an interdepartmental update on homelessness that will highlight potential new investments through the FY 2022-23 budget process to expand access to behavioral healthcare. In addition, in order to address the broader intent of Planning Commission’s recommendation #4 regarding how the City should use the funds, staff has included a requirement: • Saint John’s shall support the City’s community engagement process for the development of Santa Monica Behavioral Health Initiatives by actively 9.A.c Packet Pg. 2592 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 28 of 50 participating in planning meetings and making good faith efforts to provide subject matter experts and leverage existing partnerships to help advance the City’s behavioral health goals and priorities. The City and Providence both agree on the fundamental purpose and importance of this community benefit to make a meaningful and positive impact in supporting behavioral health services in Santa Monica; however, the City and Providence are not in full agreement on the schedule of payment and the inclusion of an annual adjustment to account for inflation, as detailed below. Providence Proposal Providence proposes that Saint John’s would be required to provide a total sum of Ten Million Dollars ($10,000,000) to the City based on the following schedule: a) Within 180 days after the Third Amendment Effective Date, Saint John’s would be required to pay the sum of Five Million Dollars ($5,000,000) to the City; and b) Within 100 days after the effective date of the final City approval of the Development Review Permit for the first Phase Two Building (excluding the Phase Two Multi-Family Housing building (S2)), Saint John’s would be required to pay an additional sum of Five Million Dollars ($5,000,000) to the City. City Proposal The City proposes that an outside time limit be established for submitting the second payment of $5,000,000 in order to ensure that the City has a clear timeline and the full ability to plan for the use of these funds to address a critical community priority. More specifically, timing is important because there are both City and other agency efforts underway to evaluate the feasibility and potential for implementing different behavioral health service models that could also include the future siting and operation of a community-based behavioral health center. Having a firm commitment regarding when resources would be available for such a project may allow the City to use such funds to leverage other resources and partnerships toward this effort. Accordingly, the City has 9.A.c Packet Pg. 2593 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 29 of 50 proposed the following counterpoint to Providence addressing the timing of the second payment and inclusion of a 1.5% annual adjustment to account for inflation: (b) Saint John’s shall pay the additional sum of Five Million Dollars ($5,000,000) to the City upon the earlier of: (i) One-hundred (100) days after the effective date of the final City approval of the Development Review Permit for the first Phase Two Building (excluding the Phase Two Multi-Family Housing building (S2)), or (ii) Eight (8) years after the Third Amendment Effective Date. Notwithstanding the foregoing, if this additional sum is not paid within three (3) years after the Third Amendment Effective Date, this sum shall be adjusted commencing January 1, 2025 and annually thereafter by one and a half percent (1.5%). In summary, Providence agrees with the timing for the first payment to the City – and agrees that the second payment of $ 5,000,000 is contingent on the approval of the first Development Review Permit for a Phase Two Building (excluding the Phase Two Multi- Family Housing building). However, Providence does not agree with setting an outside date of eight years for the second payment regardless of whether or not a Development Review Permit for a Phase Two Building has been approved. If the outside payment date is not agreed to by Providence then this second contribution could be made to the City any time within the 17-year vesting period that starts after final approval of the Third Amendment, provided Providence proceeds with Phase Two development. As a result, if Providence never proceeds with Phase Two development then the second contribution would not be received by the City. Providence also does not agree with increasing the second payment by 1.5% annually as described in the City proposal. 9.A.c Packet Pg. 2594 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 30 of 50 Providence has expressed their position that the community benefit proposal presented to the City is substantial and unprecedented for a non-profit organization in a land use entitlement context and that the timing for the second payment tied to the approval of the first Development Review Permit for a Phase Two Building is fair and appropriate. Furthermore, Providence has indicated that the first $5,000,000 payment to the City within 180 days of final approval of the Third Amendment and Phase Two Master Plan is not contingent on construction of any Phase Two development and, as such, is demonstration of its commitment to helping address behavioral health in the community, and to its overall investment in the Phase Two Master Plan process. 4) Child & Family Development Center Youth and Family Program Beginning on July 1, 2023 through the Term of the Development Agreement, Saint John’s has agreed to continue its Child/Youth Development Project (or a substantially similar program) without City funding. Saint John’s has historically received City grants of approximately $315,000 annually to subsidize this program. The Child/Youth Development Project shall continue to provide direct services to children and families who have been impacted by community violence, familial discord, poverty, substance abuse, and/or trauma as further described in Section 3.2 of Exhibit R-1. 5) Community Access to Phase Two Community-Oriented Facilities The original Development Agreement established a requirement that as part of Phase Two development, Saint John’s would be obligated to allow a reasonable number of Santa Monica residents who are unable to afford fees and memberships to have access to Phase Two’s community-oriented facilities. R-1 Exhibit Section 3.3 outlines this proposed community benefit with more specificity following negotiation as part of the Third Amendment and with consideration of the applicable components of the Phase Two Master Plan. This requirement would be in effect during the full term of the Development Agreement and specifies the terms for use of Phase Two community- oriented facilities including by community groups and local non-profit organizations at the new Education & Conference Center on the South Campus. There is also a requirement for providing discounted admission pricing to Santa Monica residents for 9.A.c Packet Pg. 2595 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 31 of 50 future conference and events hosted by Saint John’s and open to the public at the Education & Conference Center. 6) Phase Two Open Space, including Publicly-Accessible Open Space and 24/7 Pedestrian Connections The original Development Agreement established the requirement for a minimum of 35% open space provided on the South Campus as part of Phase Two. This site planning requirement has been incorporated into the Phase Two Master Plan and has served as benchmark guiding principle for the Plan’s evolution since the Development Agreement for the Health Center was originally approved in 1998. Accordingly, substantial open space, including Publicly-Accessible Open Space and 24/7 Pedestrian Connections, have been an area of focus for both the City and Saint John’s in terms of site planning for Phase Two. Publicly-accessible open space and 24/7 Pedestrian Connections are required in accordance with Section 2.11 of the Third Amendment and the Phase Two Master Plan Standards. 7) Phase Two Vehicle, Bicycle & Pedestrian Infrastructure Improvements and Enhanced Transportation Demand Management and the Transportation Impact Fee Section 3.5.1 of Exhibit R-1 provide the cross-reference to the Phase Two Master Plan’s requirement for Saint John’s to make certain vehicle, pedestrian and bicycle infrastructure improvements as part of the Phase Two developments. The City and Providence has engaged in negotiations regarding payment of the Transportation Impact Fee for Phase Two Buildings as individual Development Review Permit applications are submitted as part of the phased buildout of Phase Two. With respect to payment of the Transportation Impact Fee for Phase Two development, both parties have agreed that the fee in effect in 2022 will be valid for Phase Two development applications submitted and deemed complete during a period of ten years after the Third Amendment Effective Date. After that 10-year period, the Transportation Impact Fee then in effect would apply. 9.A.c Packet Pg. 2596 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 32 of 50 Through the negotiation, both parties have also agreed that in order to further support use of public transportation and single-occupancy vehicle trip reduction by a large employer in the community such as Saint John’s, Providence may request that up to $50,000 of the TIF for each Phase Two development may be used by Saint John’s (rather than being paid to the City) for transportation demand management measures beyond those required by the Phase Two Transportation Demand Management Plan (Exhibit R-2 to the Third Amendment). This Transportation Demand Management Plan was originally negotiated and required as part of the First Amendment to the Development Agreement and has been implemented since then and will be required through the end of the 17-year Phase Two Vesting Deadline. After the Phase Two Vesting Deadline, the City’s transportation demand requirements then in effect will apply. 8) Phase Two Local Hiring Programs Section 3 of Exhibit R-1 confirms that during the Term of the Third Amendment, Saint John’s will be required to implement and monitor the Local Hiring Programs for Phase Two as provided in Exhibits R-5 and R-6 to the Third Amendment. These programs include local hiring provisions for construction-related and permanent employment. The Applicant and commercial tenants would be required to follow certain steps to ensure that the greatest opportunity for interviewing local residents and employees is provided. All hiring decisions would continue to remain at the discretion of Providence and commercial tenants. The concept of Priority for Targeted Job Applicants provides an updated definition of “First Priority” as follows: “Any resident of a household with no greater than 80% Median Income that resides within the Low and Moderate Income Areas identified in Map 2-7 of the City of Santa Monica’s Adopted 6th Cycle 2021-2029 Housing Element or any resident who resides in Santa Monica’s 90404 zip code (Pico Neighborhood).” 9) Neighborhood Protection Measures Except as otherwise stated in Section 4 of Exhibit R-1, during the Term of the Third Amendment, a series of Neighborhood Protection Measures will be required. These 9.A.c Packet Pg. 2597 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 33 of 50 requirements include having a community Ombudsperson, security escorts for staff, providing a discounted daily parking rate for visitors/patients with Disabled Person license plates or placards who are visiting Saint John’s, availability of special events parking, requirement for an annual community meeting to identify and address any issues associated with Saint John’s compliance under the Development Agreement, and the requirement to continue implementation of its noise reduction parking policy in Lot “H” adjacent to the 1440 23rd Street residential building is required. . 10) Phase Two South Campus Affordable Housing & Affordable Housing Commercial Linkage Fee Subject to the terms provided in Section 5 of Exhibit R-1, Saint John’s is required to replace the existing 10 vacant residential units located at 1417 21st Street by building no less than ten (10) new deed-restricted residential rental dwelling units affordable to TCAC 80% AMI Households on the South Campus in the location identified in the Phase Two Master Plan adjacent to Broadway. All ten of these units will be subject to a recorded rental deed restriction of not less than 99-years. Saint John’s is not precluded from partnering with a housing provider to develop, finance and deliver these affordable units. Saint John’s may satisfy its housing obligations under the Third Amendment at any time, however, no other Phase Two Building on the South Campus may obtain its Certificate of Occupancy until these replacement units have been issued a Certificate of Occupancy by the City. With respect to payment of the Affordable Housing Commercial Linkage Fee for applicable Phase Two development, both parties have agreed that the fee in effect in 2022 will be valid for Phase Two development applications submitted and deemed complete during a period of ten years after the Third Amendment Effective Date. After that 10-year period, the Affordable Housing Commercial Linkage then in effect would apply. 9.A.c Packet Pg. 2598 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 34 of 50 11) Internship/Nurse Residency Program As provided in Section 6 of Exhibit R-1, during the Term of the Third Amendment, Providence will be required to make available at least two (2) internships or nurse residencies during each school year (which for this purpose includes the following summer) to students who attend a high school in Santa Monica or Santa Monica College (or attended within three years prior to the relevant year) or are Santa Monica residents. Two (2) additional internships or nurse residencies shall also be made available no later than six months after the issuance of the Certificate of Occupancy for the first Phase Two Building, not including the Phase Two Multi-Family Housing building. All four (4) of these internships shall be paid at the City’s minimum wage unless a student requests an unpaid internship in order to obtain school credit(s) (or more school credits) for such internship. Providence shall select interns in accordance with its normal practice of hiring the most qualified candidate and shall make a good faith effort to hire residents of the 90404 zip code (Pico Neighborhood) as the first priority and other Santa Monica residents as the second priority when most qualified or equally qualified as other applicants who are not residents of the 90404 zip code or Santa Monica residents, as applicable. Subject to the requirements specified Section 6 Exhibit R-1, Saint John’s retains full discretion to establish selection criteria for, and to select, the students for the internships. Saint John’s will also be required to notify the City’s Director of Community Development, Santa Monica High School, Santa Monica College, Virginia Avenue Park Advisory Board, and Virginia Avenue Park Youth Employment Services of the availability of, and selection criteria for, such internships prior to the start of each school year. 12) Equal Opportunity Subcontracting Section 7 of Exhibit R-1 provides the requirements for inclusion in all construction contracts between Saint John’s and its contractors with respect to Phase Two Development Sites during the Term of the Third Amendment: 9.A.c Packet Pg. 2599 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 35 of 50 “The Contractor shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors, or suppliers. The Contractor shall provide equal opportunity for subcontractors to participate in subcontracting opportunities. The Contractor understands and agrees that violation of this clause shall be considered a material breach of the contract and may result in contract termination or other contract remedies.” “At least 30 days before recruitment of subcontractors by any of Saint John’s construction contractors, Saint John’s shall submit documentation to the Community Development Director, evidencing its construction contractors’ outreach about bid opportunities to enhance participation by all classes of subcontractors, vendors, or suppliers, including, without limitation, women business enterprises, minority business enterprises, and local business enterprises. The scope of documentation shall be reasonably determined by the Community Development Director.” Proposed Vacation of a Portion of 21st Street In order to implement the Phase Two Master Plan on the South Campus, Providence has requested vacation of a 250-foot portion of 21st Street between Broadway and Santa Monica Boulevard. This is shown in purple in the figure below. This proposed partial street vacation provides the opportunity for a pedestrian-oriented, publicly- accessible plaza that opens onto Santa Monica Boulevard with public access for pedestrians and cyclists provided through to Broadway. The southern portion of 21st Street would remain a public street and continue to provide access to neighboring residential developments and connect to two new City streets on Saint John’s property. 9.A.c Packet Pg. 2600 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 36 of 50 Figure 7 – Map Showing Proposed Street Vacation and Proposed new City streets If approved, the proposed street vacation would be subject to the following conditions: (a) dedication of Saint John’s property for two new City streets (referred to as 20th Place and Saint John’s Way), as depicted above in Figure 7, to provide alternative vehicular, pedestrian and bicycle access, and (b) dedication of pedestrian connections to provide pedestrian access through Saint John’s Campus, and c) dedication of necessary utility easements. The partial street vacation would not occur until all of these conditions have been met to the City’s satisfaction as part of future phased construction during the 17-year vesting period. Attachment “M” to this staff report provides the Council’s Resolution of Intention declaring its intention to order vacation of portions of 21st Street’s public right-of-way and to set a public hearing on April 26, 2022. This resolution is the formal initiation of the process to approve the future street vacation that is required by the Streets and Highways Code. Public outreach and required notifications would be conducted prior to the April 26, 2022 meeting. 9.A.c Packet Pg. 2601 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 37 of 50 General Plan Consistency Analysis The proposed Phase Two Master Plan and Third Amendment to the Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan, in that Saint John’s is a non-profit healthcare facility located in the Healthcare District Land Use Designation. The vision for this land use designation is to create a cohesive environment that supports the continued vitality of the City’s hospitals, responds to the evolving needs of the health care community, and improves the way health care facilities relate to surrounding residential and commercial areas. The Phase Two Master Plan and Third Amendment is consistent with Land Use and Circulation Element (LUCE) Goal D28: Allow for the continued improvement of the Healthcare District and the ongoing responsible expansion of the Saint John’s Health Center (St. John’s) and Santa Monica-UCLA Medical Center (SMUCLA). Specifically, the Phase Two Master Plan and Third Amendment to the Development Agreement present a comprehensive Master Plan that addresses all development on the north and south campuses for a 17-year period and provides for substantive review of individual buildings closer to the time of construction in order to create the cohesive environment that supports the vitality of the health care district and also protects adjacent residential neighborhoods. The proposed Phase Two Master Plan and Third Amendment to the Development Agreement is also consistent with LUCE Goal LU7: Support the continued vitality of the City’s hospitals to meet the healthcare needs of the City and the larger region, and implement strategies to reduce vehicle trips. Specifically, development standards in the Master Plan and the procedural requirements set forth in the Third Amendment to the Development Agreement ensure that a mix of medical research and hospital health care uses are vested (permitted) for a period of 17 years to allow phased implementation of health care facilities that are responsive to changing health care needs in the community. Moreover, Saint John’s Health Center will be required to continue to implement a Transportation Demand Management (TDM) Program to reduce vehicle 9.A.c Packet Pg. 2602 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 38 of 50 trips in the area and associated parking demand and the Master Plan includes pedestrian and bicycle enhancements to promote alternative modes of travel and better connections to public transit. Accordingly, the Phase Two Master Plan is therefore consistent with LUCE Circulation Policy T19.2 which seeks appropriate TDM requirements for new development. Furthermore, the project is consistent with LUCE’s overall land use policies by providing community benefits for the area, including but not limited to, affordable housing, mobility improvements, visitor accommodations, publicly-accessible open spaces, and programs to address the needs of vulnerable populations in the community. Hospital Area Specific Plan Repeal and General Plan Amendment The Phase Two Master Plan and Third Amendment to the Development Agreement was assessed for consistency with the Land Use and Circulation Element (LUCE) of the General Plan, including various Citywide and Healthcare District goals, objectives and policies. The current HASP is based on 1984 General Plan policies and 1988 Zoning Ordinance designations and development standards for the entire Hospital Area Specific Plan study area, including UCLA-owned properties, commercial-zoned parcels, and residential-zoned parcels. The proposal to repeal the 1988 HASP and remove references to the HASP contained in the 2010 Land Use and Circulation Element would not change the current regulations that apply to the HASP area. More specifically, the 2015 Zoning Ordinance use regulations and development standards would continue to apply to parcels in the current HASP area and, if approved, the Phase Two Master Plan would govern the Saint John’s Health Center parcels until the end of the 17-year vesting period established by the amended Development Agreement. The proposed General Plan Amendment would only strike or modify references to a Hospital Area Specific Plan; the 2010 LUCE’s goals, objectives, and policies would continue to apply for the LUCE Healthcare District, applicable Boulevards (Wilshire, Santa Monica, and Broadway), and the Healthcare Mixed Use Land Use Designation. Proposed language associated with General Plan Amendment and the repeal of the HASP is provided in Attachment “H”. 9.A.c Packet Pg. 2603 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 39 of 50 Environmental Analysis In accordance with the California Environmental Quality Act (CEQA), an EIR was prepared to analyze the potential environmental effects of the Providence Saint John’s Project. As required by Section 15082 of the CEQA Guidelines, a Notice of Preparation (NOP) was published on commencing April 10, 2017 and ending May 11, 2017. The purpose of the NOP was to formally convey that the City was preparing a Draft EIR for the Project, and to solicit input regarding the scope and content of the environmental information to be included in the Draft EIR. The public scoping meeting was held on April 24, 2017 from 6:00 P.M. to 7:30 P.M. at the McKinley Elementary School Auditorium, located at 2401 Santa Monica Boulevard, Santa Monica, California 90404. The meeting included a presentation of the Project and an overview of the CEQA process followed by an open house format which provided interested individuals, groups, and public agencies the opportunity to view materials, ask questions, and provide oral and written comments to the City regarding the scope and focus of the Draft EIR as described in the NOP. On July 30, 2019, a Notice of Completion and Public Availability of the Draft EIR was published, commencing a 45-day public comment period for the Draft EIR that ended on September 13, 2019. In accordance with Section 15087(a) of the State CEQA Guidelines, a public notice indicating the Draft EIR was available for review was distributed to parties providing comment on the Notice of Preparation (“NOP”) and residents within a 1,000-foot radius of the Project Site. Additionally, the notice was published in the Santa Monica Daily Press and mailed to all neighborhood groups, relevant governmental agencies, and interested parties. The Draft EIR was made available for public review at local libraries, City Hall, and online on the City of Santa Monica’s Planning & Community Development Department website. The environmental issues studied in detail in the Draft EIR include: • Aesthetics (Visual Character, Views, Light and Glare, Shading) • Air Quality/Health Risk 9.A.c Packet Pg. 2604 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 40 of 50 • Construction Effects • Cultural Resources - Historical Resources • Cultural Resources - Archaeology and Paleontology • Energy • Greenhouse Gas Emissions • Geology and Soils • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use/Planning • Neighborhood Effects • Noise and Vibration • Population and Housing • Police Protection • Fire Protection • Transportation • Tribal Cultural Resources • Water • Wastewater • Solid Waste Other issue areas such as Agricultural/Forestry Resources, Biological Resources, Mineral Resources, and Recreation were determined to be less than significant in the Initial Study (Appendix A of the EIR). The Final EIR, which was published in January 2022, contains all comments and responses to comments received during the comment period as well as minor changes to the Draft EIR. Comments on the Draft EIR The Draft EIR was available for a 90-day public review period, during which a total of 90 comment letters were received. During this period, a total of ten comment letters were 9.A.c Packet Pg. 2605 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 41 of 50 received. Comments were raised regarding traffic analysis, general support for the project, and concerns about construction air quality. Responses to all comments received are included in the Final EIR within Chapter 10, Responses to Comments. Significant Impacts As indicated in Chapter 4, Environmental Impact Analysis, of the Final EIR, the Project would result in significant unavoidable impacts in terms of air quality, construction effects (due to vibration), cultural resources - historical resources, neighborhood effects (due to transportation), noise and vibration (vibration), and transportation. Air Quality As indicated in Section 4.2, Air Quality, of the EIR, Project Interim Year (2031) operational nitrogen oxides (NOx) emissions would be reduced with implementation of the proposed mitigation measure (e.g., MM-AIR-1), but would still exceed South Coast Air Quality Management District (SCAQMD) regional operational thresholds. Therefore, operational NOx emissions would be significant and unavoidable. However, it should be noted that if the SCAQMD regional construction thresholds were applied, total Project construction and operational emissions would be below all thresholds. Cultural Resources - Historical Resources As indicated in Section 4.4, Cultural Resources - Historical Resources, of this EIR, the Project would result in a significant unavoidable impacts to historical resources due to demolition of the Santa Monica Cancer Institute Building (formerly John Wayne Cancer Institute) and Lt. Joseph P. Kennedy Jr. Memorial Child & Family Development Center (CFDC). The implementation of the proposed mitigation measures (e.g., MM-HIST-1 through -3) would address impacts, but would not reduce to less than significant levels as there is no feasible mitigation to reduce demolition of these historical resources to a less than significant level. Noise and Vibration/Construction Effects As indicated in Section 4.13, Noise and Vibration, of the EIR, Project construction activities would result in significant vibration effects. Participation in Mitigation Measure 9.A.c Packet Pg. 2606 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 42 of 50 MM-NOISE-2 would prevent vibration impacts to vibration sensitive medical equipment at Medical Office Buildings not owned/controlled by Saint John’s. Participation in MM- NOISE-2 includes location inventory, simulation testing, equipment relocation, and equipment isolation. MM-NOISE-2 also requires that no construction be conducted during active use of equipment, or alternative construction methods. Thus, potentially significant construction vibration impacts at participating Medical Office Buildings not owned/controlled by Saint John’s would be reduced to a less than significant level. However, for any Medical Office Buildings not owned/controlled by Saint John’s that do not participate in MM-NOISE-2, Project construction vibration could result impacts to vibration sensitive medical equipment. Therefore, the impact would be significant and unavoidable. Transportation/Neighborhood Effects As indicated in Section 4.17, Transportation, of the EIR, Project intersection and street segment operations impacts would be significant and unavoidable at fourteen study intersections and six segments under Interim Year (2031) and/or Future Year (2042) conditions. The impacts at these intersections would be significant and unavoidable as feasible mitigation is not available to reduce the impacts at these intersections to less than significant levels due to lack of additional adequate right-of-way area, inconsistency with adopted City policies, and/or because they would result substantial secondary impacts. It should be noted that after publication of the Draft EIR, on June 9th, 2020 the City adopted vehicle miles traveled (VMT) as the metric for analyzing the transportation impacts of projects that are subject to CEQA, to align with the requirements of Senate Bill (SB 743). VMT measures the cumulative distance of automobile travel, taking into account the origin and destination of a particular trip. Typically, development located at a greater distance from other land uses and in areas without transit generates more VMT than development near other land uses with more robust transportation options. Since the Project’s Notice of Preparation and Draft EIR predate the adoption of the VMT thresholds, the Project’s analysis of transportation effects are utilized using the former level of service (LOS) standards. Nonetheless, Section 4.17, Transportation, of the EIR does provide analysis and disclosure of the Project’s VMT effects. 9.A.c Packet Pg. 2607 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 43 of 50 Alternatives Studied The selection of alternatives studied in the EIR are based on CEQA requirements as well as consideration of public comments received during the NOP comment period for the Draft EIR. The EIR studied five alternatives to the project, which are intended to reduce the environmental impacts of the projects: • Alternative 1 – No Project/No Build: Per CEQA Guidelines Section 15126.6(e)(2), the No Project/No Build Alternative analysis discusses the existing conditions at the time the Notice of Preparation (NOP) was published (April 7, 2017) and compares impacts of the No Project/No Build Alternative to the Project. Under the No Project/No Build Alternative, the Project would not be developed. Rather, the existing on-site uses (e.g., medical, medical office, laboratory, day care, and vacant residential totaling 110,055 square feet of floor area, along with the existing entry plaza and surface parking) would remain unchanged. • Alternative 2 – Tier 1 Only: Alternative 2 assumes development of the Phase Two Development Sites with healthcare and related uses at the Tier 1 densities and heights with associated parking (e.g., not at the Tier 2 densities and heights permitted by the SSMC with the provision of specified community benefits). In addition, the existing street network would remain as is. There would be no new streets such as 20th Place and Saint John’s Way and, the northern portion of 21st Street would not be vacated. Instead, site access would be directly from the streets adjacent to the Phase Two sites. Furthermore, the below-grade tunnels connecting parking garages and above-grade pedestrian connections over Santa Monica Boulevard would not be constructed. • The total floor area available for Phase Two uses would be reduced by about 110,000 square feet as a result of the Tier 1 height and density limitations. In addition to reducing the total floor area available for healthcare uses, Alternative 2 would not include an Education and Conference Center, Visitor Housing, Saint 9.A.c Packet Pg. 2608 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 44 of 50 John’s Café or Mullin Plaza Café. The on-site open space would also be significantly reduced due to the Tier 1 height limit. • Alternative 3 – Reduced Healthcare Uses with Tier 2 Housing on South Campus: This alternative represents a reduction in the healthcare uses compared with the proposed Project and a reduction in open space, with an overall increase in the total floor area to accommodate residential development on the South Campus in response to public comments received during the preliminary hearings and NOP scoping meeting to explore adding housing as part of the Phase Two Master Plan. Total development on the North Campus would be consistent with the Master Plan, with variations in the proposed uses to accommodate replacement of the Child and Family Development Center, including its Daycare uses, on Development Site 2I (rather than moving the Child and Family Development Center to a new building on the South Campus along Broadway). The northern portion of the South Campus (along Santa Monica Boulevard) would be developed with healthcare uses in buildings with similar setbacks, densities and heights as the Phase Two Master Plan. On the southern portion of the South Campus, development would be primarily multi-family housing (247 multi-family units, including 10 replacement units) at Tier 2 densities and heights with a reduction of open space on the South Campus. No Visitor Housing would be developed. In addition, the existing street network would remain as is. There would be no new streets such as 20th Place and Saint John’s Way and, the northern portion of 21st Street would not be vacated. Furthermore, the above-grade pedestrian connections over Santa Monica Boulevard and the tunnels beneath Santa Monica Boulevard would not be constructed. • Alternative 4 – Reduced Master Plan: Alternative 4 represents a reduction in the Phase Two Master Plan, with a reduction in height such that all new buildings would be no greater than 70 feet consistent with the Zoning Ordinance’s HMU 9.A.c Packet Pg. 2609 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 45 of 50 Tier 2 maximum height. Under Alternative 4, total development on the Saint John’s Campus would be reduced due to the decreased height as compared to the Master Plan, with the assumption that building footprints and open space would be provided similar to the project. In addition, Alternative 4 assumes the same proposed street network as the Master Plan, including new streets such as 20th Place and Saint John’s Way and, the northern portion of 21st Street would be vacated. Furthermore, the tunnel connections and above-grade pedestrian connections over Santa Monica Boulevard would be constructed. • Alternative 5 – Partial Master Plan: This alternative represents a reduction in the Phase Two Master Plan, with the assumption that only some phases of the Master Plan would be implemented. Under Alternative 5, total development on the Saint John’s Campus would be reduced as compared to the Master Plan. Specifically, no development for 2D/E, S4, or S5 would occur (e.g., no Education and Conference Center, East Ambulatory Care and Research Building, visitor housing, or East Ambulatory & Acute Care Building), and existing uses (e.g., PSJHC Foundation Building, Santa Monica Cancer Institute, and surface parking) would remain as they are on these sites. • Under Alternative 5, Development Sites 2I, 2C, S1, S3, and S2 would be redeveloped with the same programming as the Master Plan. The building location, uses, and building setbacks are assumed to be generally the same as the project. In addition, Alternative 5 assumes the same proposed street network as the Master Plan, including new streets such as 20th Place and Saint John’s Way and the vacation of the northern portion of 21st Street. Furthermore, similar to the Project, the west tunnel connection and the above-grade pedestrian connection over Santa Monica Boulevard would be constructed. Environmentally Superior Alternative In general, the environmentally superior alternative as defined by CEQA should minimize adverse impacts to the project site and its surrounding environment. Of the 9.A.c Packet Pg. 2610 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 46 of 50 alternatives analyzed in the EIR, Alternative 1 (the No Project/No Build Alternative) is considered the environmentally superior alternative because it is the only Alternative that would avoid the Project’s significant impacts. In addition, Alternative 1, which reflects existing conditions with no change to the environment, would result in less impacts across most of the environmental topics analyzed. Notwithstanding, without redevelopment of the Project Site, Alternative 1 would not contribute to City efforts to implement the goals and objectives of the HSP nor meet the Project’s objectives. CEQA Guidelines section 15126.6 states that if the environmentally superior alternative is the No Project/No Build Alternative, the EIR shall also identify an environmentally superior alternative from among the other alternatives. The remaining alternatives were reviewed in accordance with the State CEQA Guidelines requirement to identify an environmentally superior Alternative other than the No Project/No Build Alternative. According to Section 15126.6(a) of the State CEQA Guidelines, the purpose of an Alternatives analyses is to identify alternative developments that would feasibly attain most of the basic objectives of the project but that would avoid or substantially lessen any of the significant effects of the project. Other than Alternative 1, none of the remaining alternatives to the Project would avoid all of the Project’s potentially significant and unavoidable impacts. The EIR identifies that other than Alternative 1, Alternative 5 is the least impactful and is the environmentally superior alternative. Alternative 5 would include less development than Alternative 4, such that the level of most of the impacts would be less under Alternative 5. In addition, Alternative 5 would avoid the significant unavoidable historical resources impacts to the Santa Monica Cancer Institute building that would occur under the proposed Project and Alternatives 2 and 3, and 5, and would result in significant unavoidable operational level of service impacts to fewer intersections and street segments than these other alternatives. Therefore, Alternative 5 (Partial Master Plan) is identified as the environmentally superior alternative. However, it is noted that Alternative 5 (and indeed Alternatives 2 and 4) would not meet all the Project objectives. In particular, Alternative 5 would not: 9.A.c Packet Pg. 2611 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 47 of 50 (1) provide the range and/or extent of medical services to be provided under the Project due to its reduced amount of floor area (Objective 1); (2) provide replacement housing (Objective 2); (3) accommodate all the Phase Two development vested by the DA or provide 35 percent of the Project Site as open space (Objective 3); (4) provide a comprehensive circulation plan on the entirety of the Phase Two Development Sites (Objective 4); or (5) reduce VMT to the same extent of the Project due to lower-density development than the Project in close proximity to transit (Objective 5). It would also not be as effective as the Project in meeting the balance of the Project objectives. Further, while Alternative 5 would result in direct reductions in impacts to the environment, it would have greater impacts than the Project and Alternatives 2, 3 and 4 in terms of a lack of support for applicable City goals and policies that are intended to support the continued operation of PSJHC, accommodate future growth, and promote sustainable development patterns to reduce VMT. The Project, as proposed, would better achieve these City goals and policies, and would provide a higher level of community benefits. Public Notification In addition to the various outreach meetings for the Phase Two Master Plan summarized in the Background section of this report, hearing notices for the March 22, 2022 City Council meeting were mailed 14 days prior to the hearing date to all residents and property owners within 1,000 feet of the subject property and also mailed to community members who have previously attended meetings or requested to be placed on the project mailing list. A notice for the March 22, 2022 City Council public hearing for the Phase Two Master Plan, Third Amendment and associate applications, was published in the Santa Monica Daily Press on March 7, 2022. Financial Impact and Budget Action Providence would provide a monetary contribution to the City of Santa Monica in the amount of $5,000,000 to support Santa Monica Behavioral Health Initiatives within 180 days of final approval of the Development Agreement. Based on the staff recommendation, Providence would also provide a second monetary contribution of 9.A.c Packet Pg. 2612 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 48 of 50 $5,000,000 within 100 days of the first Development Review Permit application approval for a Phase Two building, excluding the Multi-Family Housing, but in no case later than eight years after final approval of the Development Agreement. As discussed earlier in this report, Providence has agreed to make this second $5,000,000 contribution within 100 days of the first Development Review Permit application approval but does not agree with an outside payment date of eight years after final approval of the Third Amendment. Therefore, if the outside payment date is not agreed to by Providence then this second contribution could be made to the City any time within the 17-year vesting period that starts after final approval of the Third Amendment, provided Providence proceeds with Phase Two development. These two contributions would result in a total of $10,000,000 to be paid to the City specifically to support Santa Monica Behavioral Health Initiatives. These funds would be held and expended in special revenue source accounts to be created following execution of the Third Amendment to the Development Agreement. Prior to issuance of a building permit for Phase Two Buildings, Providence would be required to pay two Development Impact Fees set forth in Article 9 of the Santa Monica Municipal Code pursuant to the proposed Third Amendment: the Affordable Housing Commercial Linkage Fee and Transportation Impact Fee. Final fee amounts will be calculated based on the Development Review Permit applications and plan check submittals for each Phase Two Building submitted in accordance with the Phase Two Master Plan: • Affordable Housing Commercial Linkage Fee is vested in the Fiscal Year 2021- 2022 fee schedule, and subject to periodic adjustment pursuant to SMMC Section 9.68.080, for a period of ten (10) years after the Third Amendment Effective Date. Affordable Housing Commercial Linkage Fees shall be deposited in revenue account 10400001.415660. After this ten-year period, the impact fee rate then in effect shall apply to Phase Two Buildings development pursuant to the Phase Two Master Plan. 9.A.c Packet Pg. 2613 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 49 of 50 • Transportation Impact Fee is vested in the Fiscal Year 2021-2022 fee schedule, and subject to period adjustment pursuant to SMMC Section 9.66.080, for a period of ten years after the Third Amendment Effective Date. Transportation Impact Fees shall be deposited in revenue account 10600001.415180. After this ten-year period, the impact fee rate then in effect shall apply to Phase Two Buildings development pursuant to the Phase Two Master Plan. If Providence elects to pay the Private Developer Cultural Art fee in lieu of providing on- site public art, the fee would be vested in the Fiscal Year 2021-2022 fee schedule for the Phase Two Vesting Deadline and deposited in revenue account 10400003.408970. After this 17-year period, the in-lieu fee rate then in effect shall apply to Phase Two Buildings pursuant to the Phase Two Master Plan. The Childcare Linkage Fee and Parks and Recreation Development Impact Fee will be satisfied through the provision of Providence’s on-site childcare program and the provision of on-site open space. Prepared By: Roxanne Tanemori, Principal Planner Approved Forwarded to Council Attachments: A. Attachment A Summary of Providence Phase Two Master Plan B. Attachment B History of Saint John's Health Center Development Agreement C. Attachment C Public Comments and Public Hearing Notice D. Attachment D Providence Phase Two Master Plan (Council March 2022) E. Attachment E Appendices Providence Phase Two Master Plan (Council March 2022) F. Attachment F Ordinance Providence Third Amendment to the Development Agreement.docx G. Attachment G Exhibit Q to Providence Third Amendment (Phase II Master Plan Standards March 2022) H. Attachment H Resolution Repealing the 1988 HASP and Amending General Plan 9.A.c Packet Pg. 2614 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of 50 of 50 I. Attachment I Resolution EIR Certifcation Findings PSJ Master Plan DA J. Attachment J Resolution Adopting EIR SOC and MMRP K. Attachment K Resolution Adopting PSJ Phase Two Master Plan L. Attachment L Tentative Subdivision Map Statement of Official Action M. Attachment M Resolution of Intention Partial Vacation of 21st Street N. Attachment N Draft Findings O. Attachment O Providence Tentative Tract Map 82302 P. Attachment P Link to Providence Saint John's Health Center Phase Two Master Plan EIR Q. Written Comments R. PowerPoint Presentation S. Applicant Presentation 9.A.c Packet Pg. 2615 Attachment: PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A ) (5027 : Vacation of DocuSign Envelope ID: D13613E0-1151-4ED9-BB73-60D3E115C9BF 1 City Council Meeting: March 22, 2022 Santa Monica, California RESOLUTION NUMBER 11408 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROVIDENCE SAINT JOHN’S HEALTH CENTER PHASE II MASTER PLAN PROJECT WHEREAS, the California Environmental Quality Act, California Public Resources Code Section 21000 et seq.(“CEQA”) requires that cities consider the environmental consequences of their actions before approving a “project”; and WHEREAS, the Santa Monica City Council approved a Development Agreement (DA) for the Providence Saint John’s Saint John’s Health Center (PSJHC) effective in July 1998; and WHEREAS, the DA provides for two phases of development consisting of Phase I and Phase II. WHEREAS, Phase I, which was completed in 2014, involved the serial demolition and reconstruction of PSJHC core hospital facilities on the North Campus in a smaller configuration than previously existed. WHEREAS, the DA requires that a Phase II Master Plan be approved by the City Council prior to the approval of the Development Review Permits for the proposed Phase II Project buildings. WHEREAS, the Phase II Master Plan is a comprehensive master plan that DocuSign Envelope ID: 95376F74-32D5-409F-9A4D-14371F77FF2B 9.A.d Packet Pg. 2616 Attachment: RESOLUTION 11408 CCS CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROVIDENCE SAINT JOHN’S DocuSign Envelope ID: D13613E0-1151-4ED9-BB73-60D3E115C9BF 2 governs the Phase II portion of the PSJHC Campus, including with respect to development, uses, circulation, parking, open space, and timing for implementation of the Phase II Master Plan. WHEREAS, the DA’s provisions for Phase II established vested rights for up to 799,000 square feet of development on the North and South Campuses that include various hospital and health care uses, health and wellness uses, education and conference facilities, visitor housing, replacement multifamily housing units, and parking. WHEREAS, a Notice of Preparation (“NOP”) of an Environmental Impact Report (“EIR”) for the Providence Saint John’s Health Center Phase II Project Master Plan (“Project”) was published and circulated on April 10, 2017; and WHEREAS, a Notice of Completion/Notice of Availability of a Draft Environmental Impact Report (“Draft EIR”) was published on July 30, 2019 in compliance with CEQA and the CEQA Guidelines, Title 14, Division 6, Chapter 3 of the California Code of Regulations; and WHEREAS, pursuant to CEQA Guidelines Section 15105, the Draft EIR was circulated for a 45-day period, which ended on September 13, 2019; and WHEREAS, the Draft EIR analyzed the potential environmental impacts that could result from the proposed Project and five alternatives; and WHEREAS, the Final Environmental Impact Report (“Final EIR”) that includes responses to written comments on the Draft EIR was published in January 2022; and WHEREAS, the Final EIR analyzes the environmental effects of the Providence Saint John’s Health Center Phase II Project Master Plan, consisting of ten (10) Phase II DocuSign Envelope ID: 95376F74-32D5-409F-9A4D-14371F77FF2B 9.A.d Packet Pg. 2617 Attachment: RESOLUTION 11408 CCS CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROVIDENCE SAINT JOHN’S DocuSign Envelope ID: D13613E0-1151-4ED9-BB73-60D3E115C9BF 3 Project buildings with related infrastructure improvements and open space on the North and South Campuses, amendments to the HASP, Development Agreement amendments that include modifications to Mullin Plaza and on-site circulation, a vesting tentative subdivision map, a street vacation of the northern portion of 21st Street, a Child Care Implementation Plan for Phase II, and an amended Santa Monica Community Access Plan for Phase II. WHEREAS, the Final EIR also analyzes the environmental effects of five alternatives: Alternative 1 – No Project/No Build, Alternative 2 – Tier 1 Only, Alternative 3 – Reduced Healthcare Uses with Tier 2 Housing on South Campus, Alternative 4 – Reduced Master Plan, and Alternative 5 – Partial Master Plan. WHEREAS, on January 26, 2022, the Planning Commission received public testimony and written submittals, reviewed and considered the City staff report and the Final EIR, and engaged in a deliberative process; and WHEREAS, after considering all such oral and written testimony at the public hearing on January 26, 2022, the Planning Commission recommended that the City Council approve the project and certify the Final EIR; and WHEREAS, on March 22, 2022 the City Council, received public testimony and written submittals, including the Final EIR, and engaged in a deliberative process; and WHEREAS, after considering all such oral and written testimony in its decision- making process, the City Council desires to consider approval of the project; and WHEREAS, the City Council as lead agency has reviewed and considered the contents of the Final EIR in its decision-making process, and independently determined that the Final EIR has been prepared in accordance with the California Environmental DocuSign Envelope ID: 95376F74-32D5-409F-9A4D-14371F77FF2B 9.A.d Packet Pg. 2618 Attachment: RESOLUTION 11408 CCS CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROVIDENCE SAINT JOHN’S DocuSign Envelope ID: D13613E0-1151-4ED9-BB73-60D3E115C9BF 4 Quality Act (“CEQA”) (Public Resources Code sections 21000 et seq.) and CEQA guidelines. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby certifies that: 1. The Final EIR for the Providence Saint John’s Health Center Phase II Project Master Plan (“Project”) was completed in full compliance with State law and the CEQA Guidelines, there was adequate public review of the Draft EIR, and the Final EIR adequately analyzes all potentially significant environmental issues; and 2. The Final EIR was presented to the City Council, and the City Council has reviewed and considered the information contained in the Final EIR, including all comments on the Draft EIR and responses to comments, in its decision-making process prior to acting on the Project; and 3. The Final EIR reflects the independent judgement and analysis of the City. SECTION 2. Consistent with CEQA Guidelines Section 15128, Section 4 of the Final EIR and the Initial Study (Appendix A of the Final EIR) determined that the following environmental impacts were not considered potentially significant and were not analyzed in detail in the Final EIR: agricultural and forest resources, biological resources, mineral resources, utilities (electric power, natural gas, and telecommunications), and wildfire. SECTION 3. Consistent with CEQA Guidelines Section 15091 and 15092, and as analyzed in the Final EIR, the City Council finds that the following Project impacts would be less than significant without mitigation: aesthetics, operational air emissions (specifically those issues related to potential conflicts with applicable air quality plans as DocuSign Envelope ID: 95376F74-32D5-409F-9A4D-14371F77FF2B 9.A.d Packet Pg. 2619 Attachment: RESOLUTION 11408 CCS CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROVIDENCE SAINT JOHN’S DocuSign Envelope ID: D13613E0-1151-4ED9-BB73-60D3E115C9BF 5 well as carbon monoxide hotspots and odors), energy consumption, geologic and seismic related risks, construction and operational greenhouse gas emissions, hazards related to emergency access, hydrology/water quality, land use/planning, construction-related and operational noise levels, population and housing, public services, tribal resources, utilities and service systems (specifically water supply, wastewater treatment, and solid waste), and transportation issues related to potential conflicts with plans, policies, or regulations as well as geometric design hazards and emergency access. SECTION 4. Consistent with CEQA Guidelines Sections 15091 and 15092, and as analyzed in the Final EIR, the City Council finds that the following Project impacts could be reduced to a less than significant level with the implementation of mitigation measures established in Section 11 of the Final EIR: disturbance of archaeological resources and human remains, disturbance of paleontological resources, potential release of hazards due to on-site contamination, and utilities and service systems (specifically sewer capacity). SECTION 5. Consistent with CEQA Guidelines Sections 15091 and 15092, and as analyzed in the Final EIR, the City Council finds that the following Project impacts cannot feasibly be avoided or mitigated to below a level of significance: construction-related and operational criteria air pollutant emissions, historic cultural resources, ground-borne vibration during construction, neighborhood effects due to traffic, and transportation (specifically traffic impacts on intersection level of service and street segments). SECTION 6. The Final EIR found that the No Project Alternative would be environmentally superior to the project on the basis of the minimization or avoidance of physical environmental impacts. Of the other alternatives, the Final EIR found that the DocuSign Envelope ID: 95376F74-32D5-409F-9A4D-14371F77FF2B 9.A.d Packet Pg. 2620 Attachment: RESOLUTION 11408 CCS CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROVIDENCE SAINT JOHN’S DocuSign Envelope ID: D13613E0-1151-4ED9-BB73-60D3E115C9BF 6 Alternative 5 is the environmentally superior alternative. Alternative 5 would include less development than the Project, such that the level of most of the impacts would be less under Alternative 5. In addition, Alternative 5 would avoid the significant unavoidable historical resources impacts to the Saint John’s Cancer Institute building (formerly the John Wayne Cancer Institute) that would occur under the proposed Project and other alternatives studied, and would result in significant unavoidable operational level of service impacts to fewer intersections and street segments than these other alternatives. Therefore, Alternative 5 (Partial Master Plan) is identified as the environmentally superior alternative. However, Alternative 5 would not meet all the Project objectives. In particular, Alternative 5 would not: (1) provide the range and/or extent of medical services to be provided under the Project due to its reduced amount of floor area (Objective 1); (2) accommodate all the Phase II development vested by the DA or provide 35 percent of the Project Site as open space (Objective 3); (3) provide a comprehensive circulation plan on the entirety of the Phase II Development Sites (Objective 4); or (4) reduce VMT to the same extent of the Project due to lower-density development than the Project in close proximity to transit (Objective 5). It would also not be as effective as the Project in meeting the balance of the Project objectives. Further, while Alternative 5 would result in direct reductions in impacts to the environment, it would have greater impacts than the Project in terms of a lack of support for applicable City goals and policies that are intended to support the continued operation of PSJHC, accommodate future growth, and promote sustainable development patterns to reduce VMT. The Project, as proposed, would better achieve these City goals and policies, and would provide a higher level of community benefits. DocuSign Envelope ID: 95376F74-32D5-409F-9A4D-14371F77FF2B 9.A.d Packet Pg. 2621 Attachment: RESOLUTION 11408 CCS CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROVIDENCE SAINT JOHN’S DocuSign Envelope ID: D13613E0-1151-4ED9-BB73-60D3E115C9BF 7 SECTION 7. The preceding findings, although based primarily on conclusions in the Final EIR, have not attempted to describe the full analysis of each environmental impact contained in the Final EIR. Instead, the findings incorporate by reference the discussions and analyses in the Final EIR and supporting reference documents supporting the Final EIR’s determinations regarding the nature and severity of the impacts of the Project and mitigation measures designed to address those impacts. In making these findings, the City 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 8. Consistent with Public Resources Code Section 21081.6, the documents which constitute the record of proceedings for approving this Project are located in the Community Development Department, 1685 Main Street, Santa Monica, California. The custodian of these documents is Rachel Kwok, Environmental Planner. SECTION 9. The City Clerk shall certify the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: JOSEPH LAWRENCE Interim City Attorney DocuSign Envelope ID: 95376F74-32D5-409F-9A4D-14371F77FF2B 9.A.d Packet Pg. 2622 Attachment: RESOLUTION 11408 CCS CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROVIDENCE SAINT JOHN’S DocuSign Envelope ID: D13613E0-1151-4ED9-BB73-60D3E115C9BF Adopted and approved this 22nd day of March 2022. Sue Himmelrich, Mayor I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11408 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 22nd day of March 2022, by the following vote: AYES: Councilmembers Brock, Davis, De la Torre, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember Negrete ATTEST: Nikima Newsome, Assistant City Clerk DocuSign Envelope ID: 95376F74-32D5-409F-9A4D-14371F77FF2B 9.A.d Packet Pg. 2623 Attachment: RESOLUTION 11408 CCS CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROVIDENCE SAINT JOHN’S DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 1 City Council Meeting: March 22, 2022 Santa Monica, California RESOLUTION NUMBER 11409 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING FINDINGS NECESSARY TO ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PROVIDENCE SAINT JOHNS HEALTH CENTER PHASE II MASTER PLAN PROJECT EIR WHEREAS, a Draft Environmental Impact Report was published on July 30, 2019 for a period of 45 days, and a Final Environmental Impact Report (Final EIR) was published on January 19, 2022 which analyzes the environmental effects of the Providence Saint John’s Health Center Phase II Master Plan 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; and WHEREAS, on March 22, 2022, the City Council certified that the Final Environmental Impact Report 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: DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2624 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 2 SECTION 1. Consistent with Section 15128 of the State CEQA Guidelines, Chapter 6 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: Agricultural and Forest Resources, Biological Resources, Mineral Resources, Utilities (electric power, natural gas, and communications), and Wildfire. SECTION 2. Consistent with Section 15091 and 15092 of the State CEQA Guidelines, and as analyzed in the Final EIR, the City Council finds that impacts would be less than significant without mitigation for aesthetics, operational air emissions (specifically those issues related to potential conflicts with applicable air quality plans as well as carbon monoxide hotspots and odors), energy consumption, geologic and seismic related risks, construction and operational greenhouse gas emissions, hazards on schools and those related to emergency access, hydrology/water quality, land use/planning, construction- related and operational noise levels, population and housing, public services, tribal resources, utilities and service systems (specifically water supply, wastewater treatment, and solid waste), and transportation issues related to potential conflicts with plans, policies, or regulations as well as geometric design hazards and emergency access. SECTION 3. Consistent with Sections 15091 and 15092 of the State of California CEQA Guidelines and as analyzed in the Final EIR, the City Council finds that most impacts resulting from the project can be reduced to a less than significant level. More specifically, significant environmental effects as identified below can feasibly be avoided and have been eliminated or substantially lessened to less than significant. (a) The Final EIR determined that without mitigation, the project could result in significant adverse impacts to archaeological resources. Consistent with Section 15091 DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2625 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 3 and 15092 of the State CEQA Guidelines and as detailed in the Final EIR, the City Council finds that the following applicable mitigation measures have been required for the project that will reduce the project’s cultural archaeological resources impacts to below levels of significance: MM-ARCH-1: Prior to the issuance of a demolition permit for the S1, S2, S3, S4 and S5 sites, the Applicant shall retain an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards (Qualified Archaeologist) and a Native American monitor from a tribe that is culturally and geographically affiliated with the Project site (according to the Native American Heritage Commission contact list for this project) to provide construction monitoring services for the Project. The Qualified Archaeologist, or an archaeological monitor working under their direct supervision, and the Native American monitor shall monitor all ground disturbance, such as clearing/grubbing, grading, trenching, or any other construction excavation activity, associated with Sites S1, S2, S3, S4, and S5 to a maximum depth of 6 feet (depth at which archaeological sensitivity decreases). The archaeological monitor shall be familiar with the types of resources (prehistoric and historic) that could be encountered. The frequency of archaeological and Native American monitoring shall be determined by the Qualified Archaeologist and shall be based on the rate of excavation and grading activities, the materials being excavated (younger sediments vs. older sediments), and the depth of excavation, and if found, the abundance and type of archaeological resources encountered. Full-time archaeological and Native American monitoring may be reduced to part- time inspections, or ceased entirely, at any depth above 6 feet if determined DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2626 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 4 adequate by the Qualified Archaeologist. Prior to commencement of excavation activities, an Archaeological Sensitivity Training shall be given for construction personnel. The training session shall be carried out by the Qualified Archaeologist and Native American monitor, and will focus on how to identify archaeological resources that may be encountered during earthmoving activities and the procedures to be followed in such an event. MM-ARCH-2: In the event that historic (e.g., bottles, foundations, refuse dumps/privies, etc.) or prehistoric (e.g., hearths, burials, stone tools, shell and faunal bone remains, etc.) archaeological resources are unearthed, ground- disturbing activities shall be halted or diverted away from the vicinity of the find so that the find can be evaluated. An appropriate buffer area shall be established by THE Qualified Archaeologist around the find where construction activities shall not be allowed to continue. Work shall be allowed to continue outside of the buffer area. All archaeological resources unearthed by Project construction activities shall be evaluated by the Qualified Archaeologist. If the resources are prehistoric or Native American in origin, the Applicant shall coordinate with the City, Qualified Archaeologist, and Native American representatives regarding the treatment and curation of any prehistoric archaeological resources. Additionally, if a discovery is outside of Sites S1, S2, S3, S4, or S5, the Qualified Archaeologist shall determine the level of archaeological monitoring that is warranted during future ground disturbance in other portions of the Project Site. If a resource is determined by the Qualified Archaeologist to constitute a “historical resource” pursuant to CEQA Guidelines Section 15064.5(a) or a “unique archaeological resource” pursuant to DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2627 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 5 PRC Section 21083.2(g), the Qualified Archaeologist shall coordinate with the Applicant and the City (and Native American representatives for prehistoric resources) to develop a formal treatment plan that would serve to reduce impacts to the resource. The treatment plan established for the resource shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and PRC Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any archaeological material collected shall be curated at a repository that meets the standards outlined in 36 Code of Federal Regulations (CFR) 79.9., if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be donated to a local school or historical society in the area for educational purposes, or to an affiliated tribe for prehistoric materials, to be determined by the Qualified Archaeologist in consultation with the City, and with Native American representatives for materials that are prehistoric in nature. Disposition of human remains and associated funerary objects shall be determined through consultation with the Most Likely Descendant (MLD) and landowner (see MM-ARCH-4). MM-ARCH-3: Prior to issuance of Certificate of Occupancy for the Phase II buildings on Sites S1, S2, S3, S4, and S5, as applicable, the Qualified Archaeologist shall prepare a final report and appropriate California Department of Parks and Recreation Site Forms at the conclusion of archaeological monitoring. DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2628 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 6 The report shall include a description of resources unearthed, if any, treatment of the resources, results of the artifact processing, analysis, and research, and evaluation of the resources with respect to the California Register of Historical Resources and CEQA. The report and the Site Forms shall be submitted by the Project applicant to the City, the South Central Coastal Information Center, and representatives of other appropriate or concerned agencies to signify the satisfactory completion of the development and required mitigation measures. MM-ARCH-4: If human remains are encountered unexpectedly during implementation of the Project, State Health and Safety Code Section 7050.5 requires that no further disturbance shall occur at the affected excavation/construction site until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98. If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the NAHC. The NAHC shall then identify the person(s) thought to be the Most Likely Descendent (MLD). The MLD may, with the permission of the landowner, or his or her authorized representative, inspect the site of the discovery of the Native American remains and may recommend to the owner or the person responsible for the excavation work means for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The MLD shall complete their inspection and make their recommendation within 48 hours of being granted access by the land owner to inspect the discovery. The recommendation may include the scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Upon the DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2629 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 7 discovery of the Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this mitigation measure, with the MLD regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. Whenever the NAHC is unable to identify a MLD, or the MLD identified fails to make a recommendation, or the landowner or his or her authorized representative rejects the recommendation of the descendants and the mediation provided for in Subdivision (k) of Section 5097.94, if invoked, fails to provide measures acceptable to the landowner, the landowner or his or her authorized representative shall inter the human remains and items associated with Native American human remains with appropriate dignity on the property in a location not subject to further and future subsurface disturbance. (b) The Final EIR determined that without mitigation the project could result in significant adverse impacts related to paleontological resources. Consistent with Section 15091 and 15092 of the State of California CEQA Guidelines and as detailed in the Final EIR, the City Council finds that the following mitigation measures have been required for the project that will reduce the project’s impacts related to paleontological resources to below levels of significance: DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2630 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 8 MM-GEO-1: Prior to start of any ground-disturbing activities (i.e., demolition, pavement removal, pot-holing or auguring, boring, drilling, grubbing, vegetation removal, brush clearance, weed abatement, grading, excavation, trenching, or any other activity that has potential to disturb soil) for each construction site, the Applicant shall retain a Qualified Paleontologist meeting the Society of Vertebrate Paleontology standards (SVP, 2010). The Qualified Paleontologist shall conduct construction worker paleontological resources sensitivity training for appropriate construction personnel. The training session shall focus on the recognition of the types of paleontological resources that could be encountered within the Project area and the procedures to be followed if they are found. The Applicant shall ensure that construction personnel are made available for and attend the training and retain documentation demonstrating attendance. MM-GEO-2: Full-time paleontological resources monitoring shall be performed by a qualified paleontological monitor under the direction of the Qualified Paleontologist (SVP, 2010) for ground disturbance in undisturbed soils below a depth of 6 feet. Full-time monitoring may be reduced to part-time inspections, or ceased entirely, if determined adequate by the Qualified Paleontologist. Monitors shall have the authority to temporarily halt or divert work away from exposed fossils, in a radius of at least 50 feet, in order to recover the fossil specimens. Any significant fossils collected during Project-related excavations shall be prepared to the point of identification and curated into an accredited repository with retrievable storage. Monitors shall prepare daily logs detailing the types of activities and soils observed, and any discoveries. The Qualified Paleontologist shall prepare a final monitoring DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2631 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 9 and mitigation report to be submitted to the City. MM-GEO-3: If construction or other Project personnel discover any potential fossils during construction, regardless of the depth of work or location, work at the discovery location shall cease in a 50-foot radius of the discovery until the Qualified Paleontologist has assessed the discovery and made recommendations as to the appropriate treatment. If the find is deemed significant, it shall be salvaged following the standards of the SVP (2010) and curated with a certified repository. (c) The Final EIR determined that without mitigation the project could result in significant adverse impacts related to hazards/hazardous materials. Consistent with Section 15091 and 15092 of the State of California CEQA Guidelines and as detailed in the Final EIR, the City Council finds that the following applicable mitigation measures have been required for the project that will reduce the project’s impacts related to hazards/hazardous materials to below levels of significance: MM HAZ-1: Additional Assessment/Remediation – Site S3 and Site 2D/E. Prior to the issuance of a grading permit for each site - of Site S3 and Site 2D/E, additional assessment in the form of soil and soil vapor sampling shall be conducted to determine whether there is any soil or groundwater contamination associated with the former service station uses at these sites, once the existing on-site buildings/structures are demolished. If the additional assessment reveals concentrations of volatile organic compounds (VOCs) and/or other hazardous substances above applicable California Human Health Screening Levels (CHHSL), soil remediation and health and safety measures required by the applicable regulatory agencies [e.g., California Department of Toxic Substances DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2632 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 10 (DTSC), Los Angeles Regional Water Quality Control Board (LARWQCB), etc.] shall be implemented by the Project Applicant during construction, which will be included in a Soils Management Plan and a Health and Safety Plan, as applicable (refer to Mitigation Measures HAZ-2 and HAZ-3). The additional assessment shall also include a survey to determine the presence of any underground storage tanks (UST) associated with the former on-site gas stations. If a UST is discovered, the Applicant shall notify the SMFD prior to tank removal and prepare a work plan for UST removal. The work plan shall be approved by the SMFD and shall identify methods/procedures to remove or neutralize any flammable materials and vapors in the UST prior to transport, and establish to the satisfaction of the SMFD that no release of hazardous materials has occurred or that the release of hazardous materials is otherwise addressed in the SMP. The UST shall be properly disposed of by a licensed contractor in accordance with applicable regulations. MM HAZ-2: Soil Management Plan (SMP): Should the assessments required under MM HAZ-1 above for Site S3 and Site 2D/2E reveal chemicals of concern above applicable CHHLs and for excavation activities associated with Site 2C and Site 2D/E, the Project Applicant shall retain a qualified environmental consultant to prepare a SMP, which will be submitted to DTSC, RWQCB, and/or City of Santa Monica Fire Department for review and approval prior to the commencement of excavation and grading activities. The recommendations of the applicable oversight agency shall be incorporated in the SMP. The SMP shall be implemented during excavation and grading activities on the identified Site to DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2633 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 11 ensure that any contaminated soils are properly identified, excavated, and disposed of off-site, as follows: The SMP shall be prepared and executed in accordance with South Coast Air Quality Management District (SCAQMD) Rule 1166, Volatile Organic Compound Emissions from Decontamination of Soil. The SMP shall require the timely testing and sampling of soils so that contaminated soils can be separated from inert soils for proper disposal. The SMP shall specify the testing parameters and sampling frequency. During excavation, Rule 1166 requires that soils identified as contaminated shall be sprayed with water or another approved vapor suppressant, or covered with sheeting during periods of inactivity of greater than an hour, to prevent contaminated soils from becoming airborne. Under Rule 1166, contaminated soils shall be transported from the Project Site by a licensed transporter and disposed of at a licensed storage/treatment facility to prevent contaminated soils from becoming airborne or otherwise released into the environment. During the excavation phase, the Applicant shall remove and properly dispose of contaminated materials in accordance with the provisions of the SMP. If soil is stockpiled prior to disposal, it will be managed in accordance with the Project's Storm Water Pollution Prevention Plan, prior to its transfer for treatment and/or disposal. All impacted soils would be properly treated and disposed of in accordance with SCAQMD Rule 1166, Volatile Organic Compound Emissions from Decontamination of Soil, as well as applicable requirements of DTSC and LARWQCB. DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2634 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 12 A qualified environmental consultant shall be present on the Site during grading and excavation activities in the known or suspected locations of contaminated soils or the UST, and shall be on call at other times as necessary, to monitor compliance with the SMP and to actively monitor the soils and excavations for evidence of contamination. MM HAZ-3: Health and Safety Plan (HASP): Should the assessments required under MM HAZ-1 above reveal chemicals of concern above applicable clean-up goals, the Applicant shall commission a HASP to be prepared in compliance with Occupational Safety and Health Administration (OSHA) Safety and Health Standards (29 Code of Federal Regulations 1910.120) and Cal-OSHA requirements (CCR Title 8, General Industry Safety Orders and California Labor Code, Division 5, Part 1, Sections 6300-6719) and submitted for review by the Department of Building and Safety. The HASP would address, as appropriate, safety requirements that would serve to avoid significant impacts or risks to workers or the public in the event that elevated levels of subsurface gases are encountered during grading and excavation. The HASP would also address potential vapor encroachment from the soil contamination into the subterranean levels of the building. As necessary, gas monitoring devices would be in place to alert workers in the event elevated gas or other vapor concentrations occur when basement slab demolition or soil excavation is being performed. Contingency procedures would be in place in the event elevated gas concentrations are detected, such as the mandatory use of personal protective equipment, evacuation of the area, and/or increasing ventilation within the immediate work DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2635 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 13 area. Workers would be trained to identify exposure symptoms and implement alarm response. Construction fencing would be installed around development areas to restrict public access from surrounding properties and other phases of the Project Site, further reduce the potential for contaminated soils to become airborne, and provide additional distance between the public and excavation activities to allow for gas and vapor dilution. Vapor suppression measures also would be identified consistent with the SMP, as necessary, to avoid health hazards to adjacent properties. The HASP would have emergency contact numbers, maps to the nearest hospital, gas monitoring action levels, gas response actions, allowable worker exposure times, and mandatory personal protective equipment requirements. The HASP would be signed by all workers involved in the demolition and excavation of on-site soils to demonstrate their understanding of the risks of excavation. MM-HAZ-4 Asbestos Containing Materials: Pursuant to SCAQMD requirements, testing for presence of ACM shall be conducted in the CFDC, JWCI, and SJF Buildings prior to demolition of these structures. Any ACM found in these buildings, and the previously confirmed ACM in the vacant on-site apartments and associated parking structure, shall be removed by a licensed and certified asbestos abatement contractor prior to demolition of these buildings pursuant to SCAQMD Rule 1403 and Cal-OSHA Asbestos Regulations. MM-HAZ-5 Lead Based Paints: Testing for the presence of LBP shall be conducted in the CFDC, JWCI, and SJF Buildings prior to demolition of these structures. Any LBP found in these buildings, and the previously confirmed LBP DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2636 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 14 in the vacant on-site apartments and associated parking structure, shall be removed by lead-certified personnel following the Cal-OSHA lead standards contained in CCR Title 8, Section 1532.1 and lead-safe work practices prior to demolition of these buildings. An environmental contractor with California Department of Public Health certified workers shall be retained to carry out the work in compliance with the regulations that govern LBP. (d) The Final EIR determined that without mitigation the project could result in significant adverse impacts with respect to utilities - wastewater. Consistent with Section 15091 and 15092 of the State of California CEQA Guidelines and as detailed in the Final EIR, the City Council finds that the following mitigation measure is required for the project that will reduce the project’s wastewater impacts to below levels of significance: MM-WW-1: Without limiting the generality of the foregoing, within 30 days of filing a Planning Application for any Phase II development, Saint John’s shall meet and confer with the City Engineer to discuss the timing and content for preparation of an updated sewer study to be reviewed and approved by the City Engineer, unless determined in the City Engineer’s sole and absolute professional judgment to be unnecessary. Such study would determine if future flows associated with the Phase II development proposed in the Planning Application (during dry and wet weather conditions) would cause the City’s 12-inch and 21-inch sewer lines on Broadway and any other downstream sewer lines to exceed the hydraulic planning criteria on page 47 in the City’s 2017 Sanitary Sewer System Master Plan or its successor thereto. The primary criteria used to establish adequately-size sewer capacity is if DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2637 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 15 the Peak Wet Weather Flow depth to diameter ratio is less than 0.75 and the minimum velocity is 2 ft/s. If the sewer study (as approved by the City) determines that there will be exceedances of the hydraulic planning criteria due to the Phase II development proposed in the Planning Application, Saint John’s shall perform sewer upgrades prior to issuance of a certificate of occupancy for such Phase II Building(s), to the satisfaction of the City Engineer, including, without limitation: a) Installing a new adequately-sized sewer line(s) along Broadway and 20th Street to convey sewer flows generated from the applicable Phase II Development Site; or b) Upsizing the existing 12-inch sewer on Broadway to 18-inch from 21st Street to 20th Street and re-activating and placing in service the existing 12-inch VCP line (currently abandoned) along 20th Street from Broadway to Colorado Avenue to diver sewer flows from the Broadway 21-inch VCP sewer line to the Colorado 21-inch sewer line. The currently abandoned 12- inch VCP line, may need to be replaced pending future engineering design and offsite plans by Saint John’s. Saint John’s may recommend the most cost-efficient City-approved sewer upgrade alternative that addresses the downstream deficiencies. All reports and plans shall also be approved by the Water Resources Engineer prior to issuance of building permit for the applicable Phase II Building. Any required upgrades shall be completed prior to Certificate of Occupancy for the applicable Phase II Development. DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2638 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 16 SECTION 4. Consistent with Section 15091, 15092, and 15093 of the State of California CEQA Guidelines, the City Council finds that significant adverse environmental effects in the areas of (1) construction-related and operational criteria air pollutant emissions, (2) historic cultural resources, (3) ground-borne vibration during construction, (4) neighborhood effects due to traffic, and (5) transportation (specifically traffic impacts on intersection level of service and street segments) cannot feasibly be avoided or mitigated to below a level of significance. Nevertheless, these impacts are found to be acceptable due to overriding considerations as discussed in Section 6. (1) The Final EIR determined that without mitigation, combined operational and construction emissions of the Project would exceed the South Coast Air Quality Management’s District operational emissions threshold for NOx. Consistent with Section 15091 and 15092 of the State of California CEQA Guidelines and as detailed in the Final EIR, the City Council finds that the implementation of the following mitigation measure would address impacts, but would not reduce impacts to less than significant levels. Therefore, impacts on air quality would remain significant and unavoidable. MM AIR-1: Construction equipment operating at each Phase II development site shall be subject to the following requirements, which will be included in applicable bid documents and successful contractor(s) must demonstrate the ability to supply such equipment: • The Project shall require all off-road diesel equipment greater than 50 horsepower (hp) to meet USEPA Tier 4 Final off-road emission standards (or equivalent) to reduce diesel particulate matter and NOX emissions during DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2639 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 17 construction activities. If equipment cleaner than Tier 4 is widely and commercially available at the time of building permit issuance, the Project applicant shall require the use of such equipment for construction. • Dumpers/tenders, forklifts, pumps, sweeper/scrubbers and plate compactors shall be powered by non-diesel fuels, such as gasoline, compressed natural gas or electricity. (2) The Final EIR determined that the Providence Saint John’s Cancer Institute (formerly the John Wayne Cancer Institute Building) and Lt. Joseph P. Kennedy Jr. Memorial Child & Family Development Center (CFDC), are considered historical resources pursuant to CEQA. Consistent with Section 15091 and 15092 of the State of California CEQA Guidelines and as detailed in the Final EIR, the City Council finds that the implementation of the following mitigation measures would address impacts, but would not reduce impacts to less than significant levels. Therefore, impacts on historic resources would remain significant and unavoidable. MM HIST-1: Recordation of the JWCI and CFDC. Prior to any demolition or ground disturbing activity on the 2I and S4 properties, the Applicant shall retain a Qualified Preservation Professional (defined as an architectural historian, historic architect, or historic preservation professional who satisfies the Secretary of the Interior’s Professional Qualification Standards for History, Architectural History, or Architecture, pursuant to 36 CFR 61) to prepare a Historic American Buildings Survey (HABS) Short Format Report I. The HABS shall record the history of each property (the JWCI and CFDC), as well as important events or other significant contributions to the patterns and trends of history with which each property is DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2640 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 18 associated, as appropriate. Each property’s physical condition, both historic and current, shall be documented through site plans; historic maps and photographs; available original and/or current as-built drawings; large format photographs; and written data and text. Each building’s exteriors, representative interior spaces, character-defining features, as well as its setting and contextual views, shall be documented. Field photographs and notes shall also be included. All documentation components shall be completed in accordance with the Secretary of the Interior’s Standards and Guidelines for Architectural and Engineering Documentation (HABS standards) to the satisfaction of the City of Santa Monica’s Historic Preservation Officer and the HABS administrator for the Library of Congress HABS collection. An electronic copy (pdf) of the HABS documentation shall be submitted to the City for review. Once approved, an electronic copy (pdf) shall be transmitted to the Library of Congress HABS administrator for review. Upon approval, the original archival HABS documentation shall be submitted to the Library of Congress for inclusion in the HABS collection, and archival copies shall be sent to the Santa Monica Public Library. The Applicant may complete the HABS documentation for both the JWCI and CFDC together or separately so long as the documentation for the CFDC is completed prior to demolition or ground disturbing activity on the 2I Site and the documentation for the JWCI is completed prior to any demolition or ground disturbing activity on the S4 Site. MM HIST-2: Interpretive Exhibit(s). The Applicant shall retain a Qualified Preservation Professional (defined as an architectural historian, historic architect, or historic preservation professional who satisfies the Secretary of the Interior’s DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2641 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 19 Professional Qualification Standards for History, Architectural History, or Architecture, pursuant to 36 CFR 61) to develop and implement a permanent publicly accessible interpretive exhibit(s) (Exhibit), in consultation with the Applicant, that captures and incorporates the important history, associations, and significance of the JWCI and CFDC, (as applicable), within the larger context of medical history, so that the significance of these resources is preserved and retained for the education and benefit of current and future generations. The Exhibit’s requirements shall be outlined in a technical memorandum, including the requirements for maintenance and operation of the Exhibit’s elements. The interpretive Exhibit shall be aimed at actively illustrating the following: • The growth and development of the JWCI and/or CFDC within the larger context of local, state and national medical history. • The Exhibit should also document the construction history and architectural significance pertaining to the respected architects, Weldon J. Fulton (JWCI) and John Maloney (CFDC), for each property. • The historical associations and significance of Dr. Evis Coda (CFDC). The Exhibit shall include each of the following: • A permanent on-site exhibit, maintained by the Applicant to be installed at an on-site location or locations within the Project selected by the Applicant with the approval of the qualified preservation consultant and City of Santa Monica planning department. • A professionally conducted oral history program documenting the personal experiences of JWCI patients, and CFDC families and staff members, respectively, DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2642 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 20 which will be utilized within the Exhibit and later archived at the Santa Monica History Museum. The Applicant shall commission a Qualified Preservation Professional to prepare a technical memorandum detailing the Exhibits’ requirements and implementation schedule and this memorandum shall be reviewed by interested parties, such as the Santa Monica History Museum and the Santa Monica Conservancy, and shall be prepared to the satisfaction of the City of Santa Monica. Once work on the 2I and S4 sites, as applicable, has commenced, the Applicant shall submit biannual reports prepared by a Qualified Preservation Professional documenting the progress of the Exhibit’s implementation, and the Applicant shall submit documentation illustrating full implementation of the Exhibit to the City within 3 years of completion of construction of the 20th Street Medical Building (2I) and Education & Conference Center and East Ambulatory & Research Building (S4), respectively. MM HIST-3: Construction Monitoring. Due to the potential for damage from excavation and construction activities, as well as vibration, to 2208/2210 Santa Monica Boulevard, and in association with implementation of Mitigation Measure MM NOISE-1, the Qualified Preservation Professional shall monitor construction activities associated with the Project at regular intervals during shoring and excavation of Site S4 to address any unanticipated damage to 2208/2210 Santa Monica Boulevard that may require preservation treatment, and minimize potential damage to historic materials on 2208/2210 Santa Monica Boulevard. The Qualified Preservation Professional shall document the construction monitoring process in DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2643 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 21 digital photography, as well as monitoring logs, and prepare a final monitoring report to be submitted to the City’s planning department. (3) The Final EIR determined that without mitigation, project construction could result in significant adverse impacts related to construction vibration on off-site buildings sensitive medical uses. Consistent with Section 15091 and 15092 of the State of California CEQA Guidelines and as detailed in the Final EIR, the City Council finds that the implementation of the following mitigation measures would address impacts, but would not reduce impacts to less than significant levels. Therefore, impacts related to construction vibration would remain significant and unavoidable. MM NOISE-1: To reduce the potential for construction-related vibration effects to building structures, prior to the issuance of a building permit for a Site, PSJHC shall perform an inventory of the structural condition of buildings within 50 feet of Project construction on that Site. Based on the surveyed building’s structure and condition, an acoustic specialist will determine the appropriate structural damage potential criteria based on the Caltrans Transportation and Construction Vibration Guidance Manual (Caltrans 2013), as provided in Table 4.13-3, and for each piece of construction equipment, establish a standoff distance from the applicable building. The construction contractor(s) shall restrict the use of equipment within the minimum applicable standoff distances to not exceed the building’s applicable structural damage criteria. If construction is required within these minimum applicable distances, alternative equipment and methods, such as small bulldozers (less than 300 horsepower), smaller or alternative construction DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2644 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 22 equipment, or alternative methods shall be used to reduce potential vibration levels to less than the building’s applicable structural damage criteria. MM NOISE-2: To reduce the potential for construction-related vibration effects to any vibration sensitive medical uses, prior to the issuance of a building permit for Sites 2C, 2I, 2D/E, S1, S3 and S4, PSJHC shall perform an inventory of vibration-sensitive medical equipment and rooms/suites in the hospital and in the following nearby Medical Office Buildings along Santa Monica Boulevard and Broadway: • For Site 2C: 2001 Santa Monica Boulevard, 2021 Santa Monica Boulevard, and 2020 Santa Monica Boulevard. • For Site 2I: 1919 Santa Monica Boulevard, 2001 Santa Monica Boulevard, 2021 Santa Monica Boulevard, and 2020 Santa Monica Boulevard. • For Site 2D/E: 2208, 2216, 2232 Santa Monica Boulevard. • For Sites S1 & S3: 2001 Santa Monica Boulevard, 2021 Santa Monica Boulevard, 2020 Santa Monica Boulevard, and 2020 Broadway. • For Sites S4 & S5: 2021 Santa Monica Boulevard, 2020 Santa Monica Boulevard, and 2208, 2216, 2232 Santa Monica Boulevard. PSJHC shall notify both the building owner/property manager and the building’s medical office tenants in writing of PSJHC’s need to inventory the building/tenant suite for vibration-sensitive medical equipment and rooms/suites with vibration- sensitive medical operations and to conduct the simulation(s). For the buildings identified to contain vibration sensitive medical uses and where determined to be potentially exposed to adverse vibration effects associated with DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2645 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 23 construction activities by a qualified acoustical specialist, a construction simulation survey shall be undertaken on the applicable Project Site replicating representative construction activities, such as the use of an excavator or the dropping of a heavy weight. The simulations shall be undertaken in an appropriate number of locations, as determined by an acoustical specialist to allow evaluation of the proposed construction activities. Use of the vibration-sensitive equipment will be monitored by the applicable medical team during this exercise. The applicable medical team will confer with the construction team, including an acoustical specialist, after the simulation. If the simulation results indicate that either (a) construction vibration would exceed manufacturer’s specifications for vibration- sensitive medical equipment or (b) hospital operating rooms or critical working areas would exceed the “Weighting factors for satisfactory magnitudes of building vibration with respect to human response” in ANSI/ASA S2.71-1983 (reaffirmed in 2012), Table A.1, then a detailed mitigation plan shall be prepared unless both the applicable medical team and the construction team agree that the construction vibration is not impacting medical equipment/procedures in a particular medical suite despite the manufacturer’s specifications or weighting factors. If a mitigation plan is required, the construction team, including an acoustical specialist, shall prepare such plan relevant to such equipment or operations that is practicable for both the construction team and the applicable medical team. This will involve a combination of the judicious selection of construction equipment and techniques to minimize vibration at source, the sympathetic scheduling of the hours of construction and medical equipment usage/operations, the use of vibration isolation DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2646 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 24 tables for particularly sensitive medical equipment/operations and the possible temporary relocation of affected medical equipment/operations. PSJHC shall use good faith efforts to secure the voluntary cooperation of the building owner/property manager and the building’s medical office tenants in allowing PSJHC to perform the inventory, schedule the simulation(s), monitor the vibration-sensitive medical equipment or operations during the simulation(s), and provide input on practicable measures to include in the mitigation plan. Mitigation Measure NOISE-1 would provide adequate vibration reductions for structural damage at on- and off-site buildings, by restricting the distances of heavy vibration-generating equipment from structures to the minimum distances provided by MM NOISE-1, or alternative equipment or methods, to not exceed the applicable structural damage criteria for each building. Thus, potentially significant construction vibration impacts would be reduced to a less than significant level. Mitigation Measure NOISE-2 would prevent construction vibration impacts to sensitive medical equipment at Medical Office Buildings not owned/controlled by PSJHC and PSJHC medical uses that participate in Mitigation Measure NOISE-2 through location inventory, simulation testing, equipment relocation, equipment isolation, not conducting construction during active use of equipment, or alternative construction methods. Thus, potentially significant construction vibration impacts at participating Medical Office Buildings not owned/controlled by PSJHC would be reduced to a less than significant level. However, for any Medical Office Buildings not owned/controlled by PSJHC that do not participate in Mitigation Measure NOISE-2, Project construction vibration could result DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2647 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 25 in impacts to vibration sensitive medical equipment. Therefore, the impact is conservatively concluded to be significant and unavoidable at these medical office buildings. (4) It should be noted that after publication of the Draft EIR, on June 9th, 2020 the City adopted vehicle miles traveled (VMT) as the metric for analyzing the transportation impacts of projects that are subject to CEQA, to align with the requirements of Senate Bill (SB 743). VMT measures the cumulative distance of automobile travel, taking into account the origin and destination of a particular trip. Typically, development located at a greater distance from other land uses and in areas without transit generates more VMT than development near other land uses with more robust transportation options. Since the Project’s Notice of Preparation and Draft EIR predate the adoption of the VMT thresholds, the Project’s analysis of transportation effects used the former level of service (LOS) standards. The Final EIR determined that without mitigation, the project would result in significant and unavoidable at fourteen study intersections and six segments under Interim Year (2031) and/or Future Year (2042) conditions. Consistent with Section 15091 and 15092 of the State of California CEQA Guidelines and as detailed in the Final EIR, the City Council finds that the implementation of the following mitigation measures would address impacts, but would not reduce impacts to less than significant levels. Therefore, impacts related to neighborhood traffic and transportation levels of service would remain significant and unavoidable: MM-TR-1: Prior to issuance of a building permit for the S4 building (Phase A4 or B4), the Project Applicant shall seek approval from the City of Los Angeles to DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2648 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 26 reconfigure the existing northbound and southbound approaches of Intersection 70 (Centinela Avenue & Santa Monica Boulevard) to provide one left-turn lane and one shared through/right-turn lane at each approach (unless such reconfiguration has already occurred). The reconfiguration would involve the removal of three or four on-street parking spaces at both the northbound and southbound approaches, including a commercial loading zone on the northbound approach, and restriping of the northbound and southbound approaches. The Project Applicant shall not be required to pursue right of way acquisition. The Project Applicant shall seek approval from the City of Los Angeles in good faith for at least 90 days and shall not be required to implement this reconfiguration if the City of Los Angeles does not provide approval within this time period. If the City of Los Angeles approves implementation of this mitigation measure, the Project Applicant shall complete to implementation of this improvement prior to Certificate of Occupancy for the S4 building (Phase A4 or B4). MM-TR-2: Prior to issuance of a building permit for the 2D/2E building (Phase A5 or B5), the Project Applicant shall seek approval from the Big Blue Bus and Metro, to relocate the eastbound Big Blue Bus bus stop from the near side of Intersection 77 (Bundy Drive and Santa Monica Boulevard) and consolidate it with the existing Metro bus stop on the far side of the intersection (unless such reconfiguration has already occurred). The Project Applicant shall seek approval from Big Blue Bus and Metro in good faith for at least 90 days and shall not be required to further pursue consolidation of the bus stops if the parties cannot reach agreement within the 90-day time period. Prior to issuance of a building permit for DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2649 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 27 the 2D/2E building (Phase A5 or B5), the Project Applicant shall also seek approval from the City of Los Angeles to reconfigure the eastbound approach of Intersection 77 (Bundy Drive & Santa Monica Boulevard) to add a separate right turn lane, resulting in one left-turn lane, two through lanes and one right-turn only lane (unless such reconfiguration has already occurred). The Project Applicant shall not be required to pursue right of way acquisition. The Project Applicant shall seek approval from the City of Los Angeles in good faith for at least 90 days and shall not be required to implement this reconfiguration if the City of Los Angeles does not provide approval within this time period. If the City of Los Angeles approves implementation of this mitigation measure, the Project Applicant shall complete this implementation measure prior to Certificate of Occupancy for the 2D/2E building (Phase A5 or B5). MM-TR-3: Prior to issuance of a building permit for the earlier of the S1 or S3 buildings in Phase B2 or the 2I building in Phase A2, if the Martin Expo Town Center Project has not restriped (or is not committed to restripe) the northbound approach at Intersection 79 (Bundy Drive & Olympic Boulevard) to provide dual left- turn lanes (or if this intersection has not otherwise been restriped), the Project Applicant shall seek approval from the City of Los Angeles to undertake this restriping. The Project Applicant shall seek approval from the City of Los Angeles in good faith for at least 90 days and shall not be required to implement this reconfiguration if the City of Los Angeles does not provide approval within this time period. If the City of Los Angeles approves implementation of this mitigation measure, the Project Applicant shall complete this implementation measure prior to DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2650 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 28 Certificate of Occupancy for the earlier of the S1 or S3 buildings in Phase B2 or the 2I building in Phase A2. MM-TR-4: Prior to issuance of a building permit for earlier of the S1, S2 and S3 buildings in Phase A1 or the earlier S2 and 2C buildings in Phase B1, the Project Applicant shall seek approval from the City of Los Angeles and Caltrans to restripe the southbound approach at Intersection 81 (Bundy Drive & I-10 Eastbound On- Ramp) to add a second left-turn lane (unless such restriping has already occurred). This would entail removing on-street parking from the southbound approach on Bundy Drive. The Project Applicant shall seek approval from Caltrans and the City of Los Angeles in good faith for at least 90 days and shall not be required to implement this restriping if the City of Los Angeles and Caltrans, as applicable, do not provide approval within this time period. If the City of Los Angeles and Caltrans approve implementation of this mitigation measure, the Project Applicant shall complete this implementation measure prior to Certificate of Occupancy for the earlier of S1, S2 and S3 buildings in Phase A1 or the S2 and 2C buildings in Phase B1. Impacts at the following intersections would be significant and unavoidable as feasible mitigation is not available to reduce the impacts at these intersections to less than significant levels due to lack of additional adequate right-of-way area, inconsistency with adopted City policies, and/or because they would result substantial secondary impacts. Intersections: • 20th Street & Arizona Avenue • 20th Street & Pico Boulevard DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2651 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 29 • 23rd Street & Arizona Avenue • 23rd Street & Broadway • Cloverfield Boulevard & Olympic Boulevard • Cloverfield Boulevard & I-10 Eastbound On-Ramp • Centinela Avenue & Santa Monica Boulevard • Centinela Avenue & I-10 Westbound On-Off Ramps • Bundy Drive & Santa Monica Boulevard • Bundy Drive & Olympic Boulevard • Bundy Drive & Ocean Park Boulevard • Bundy Drive & I-10 Eastbound On-Ramp • Barrington Avenue & Wilshire Boulevard • Barrington Avenue & Santa Monica Boulevard Street Segments • Arizona Avenue west of 17th Street • Arizona Avenue west of 20th Street • 23rd Street north of Wilshire Boulevard • 23rd Street north of Arizona Avenue • 23rd Street north of Santa Monica Boulevard • 23rd Street south of Ocean Park Boulevard SECTION 5. The Final EIR analyzed five alternatives to the originally proposed project. • Alternative 1 – No Project/No Build: Per CEQA Guidelines Section 15126.6(e)(2), the No Project/No Build Alternative analysis discusses the DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2652 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 30 existing conditions at the time the Notice of Preparation (NOP) was published (April 7, 2017) and compares impacts of the No Project/No Build Alternative to the Project. Under the No Project/No Build Alternative, the Project would not be developed. Rather, the existing on- site uses (e.g., medical, medical office, laboratory, day care, and vacant residential totaling 110,055 square feet of floor area, along with the existing entry plaza and surface parking) would remain unchanged. • Alternative 2 – Tier 1 Only: Alternative 2 assumes development of the Phase II Development Sites with healthcare and related uses at the Tier 1 densities and heights with associated parking (e.g., not at the Tier 2 densities and heights permitted by the SSMC with the provision of specified community benefits). • Alternative 3 – Reduced Healthcare Uses with Tier 2 Housing on South Campus: This alternative represents a reduction in the healthcare uses compared with the proposed Project and a reduction in open space, with an overall increase in the total floor area to accommodate residential development on the South Campus. • Alternative 4 – Reduced Master Plan: Alternative 4 represents a reduction in the Phase II Master Plan, with a reduction in height such that all new buildings would be no greater than 70 feet consistent with the Zoning Ordinance’s HMU Tier 2 maximum height. • Alternative 5 – Partial Master Plan: This alternative represents a reduction in the Phase II Master Plan, with the assumption that only DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2653 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 31 some phases of the Master Plan would be implemented. Under Alternative 5, total development on the Saint John’s Campus would be reduced as compared to the Master Plan. The Final EIR found that the No Project Alternative would be environmentally superior to the project on the basis of the minimization or avoidance of physical environmental impacts. Notwithstanding, without redevelopment of the Project Site, Alternative 1 would not contribute to City efforts to implement the goals and objectives of the HSP nor meet the Project’s objectives. The CEQA Guidelines require that if the environmentally superior alternative is the No Project alternative, that the EIR also identify an environmentally superior alternative among the other alternatives. Consistent with Section 15091, 15092, and 15093 of the State of California CEQA Guidelines, and as detailed in Final EIR Chapter 5.0, the City Council finds that, based on the other project alternatives, Alternative 5 would include less development than the Project, such that the level of most of the impacts would be less under Alternative 5. In addition, Alternative 5 would avoid the significant unavoidable historical resources impacts to the John Wayne Cancer Institute building that would occur under the proposed Project and other alternatives studied, and would result in significant unavoidable operational level of service impacts to fewer intersections and street segments than these other alternatives. Therefore, Alternative 5 (Partial Master Plan) is identified as the environmentally superior alternative. However, it is noted that Alternative 5 would not meet all the Project objectives. In particular, Alternative 5 would not: (1) provide the range and/or extent of medical services to be provided under the Project due to its reduced amount of floor area (Objective 1); (2) accommodate all the Phase II DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2654 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 32 development vested by the DA or provide 35 percent of the Project Site as open space (Objective 3); (3) provide a comprehensive circulation plan on the entirety of the Phase II Development Sites (Objective 4); or (4) reduce VMT to the same extent of the Project due to lower-density development than the Project in close proximity to transit (Objective 5). It would also not be as effective as the Project in meeting the balance of the Project objectives. Further, while Alternative 5 would result in direct reductions in impacts to the environment, it would have greater impacts than the Project in terms of a lack of support for applicable City goals and policies that are intended to support the continued operation of PSJHC, accommodate future growth, and promote sustainable development patterns to reduce VMT. The Project, as proposed, would better achieve these City goals and policies, and would provide a higher level of community benefits. SECTION 6. The preceding Findings, although based primarily on conclusions in the Final EIR, have not attempted to describe the full analysis of each environmental impact contained in the Final EIR. Instead, the Findings incorporate by reference the discussions and analyses in the Final EIR and supporting reference documents supporting the Final EIR’s determinations regarding the nature and severity of the impacts of the LUCE and mitigation measures designed to address those impacts. In making these findings, the City Council ratifies, adopts, and incorporates into these findings the analysis and explanation in the Final EIR and ratifies, adopts, and incorporates in these findings the determinations and conclusions of the Final EIR. SECTION 7. The Final EIR found that the project would result in significant unavoidable adverse impacts in the areas of construction vibration, historic resources, and transportation. Consistent with Section 15093 of the State of California CEQA Guidelines, DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2655 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 33 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. 1. The proposed Third Amendment, 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, in that Providence Saint John’s Health Center is a non-profit healthcare facility located in the Healthcare District Land Use Designation. The vision for this land use designation is to create a cohesive environment that supports the continued vitality of the City’s hospitals, responds to the evolving needs of the health care community, and improves the way health care facilities relate to surrounding residential and commercial areas. The Phase II Master Plan and Third Amendment is consistent with Land Use and Circulation Element (LUCE) Goal D28: Allow for the continued improvement of the Healthcare District and the ongoing responsible expansion of the Saint John’s Health Center (St. John’s) and Santa Monica-UCLA Medical Center (SMUCLA). Specifically, the Phase II Master Plan and Third Amendment to the Development Agreement present a comprehensive Master Plan that addresses all development on the north and south campuses for a 17 year period and provides for substantive review of individual buildings closer to the time of construction in order to create the cohesive environment that supports the vitality of the health care district and also protects adjacent residential neighborhoods. The proposed Phase II Master Plan and Third Amendment to the Development Agreement is also consistent with LUCE Goal LU7: Support the continued vitality of the City’s hospitals to DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2656 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 34 meet the healthcare needs of the City and the larger region, and implement strategies to reduce vehicle trips. Specifically, development standards in the Master Plan and the procedural requirements set forth in the Third Amendment to the Development Agreement ensure that a mix of medical research and hospital health care uses are vested (permitted) for a period of 17 years to allow phased implementation of health care facilities that are responsive to changing health care needs in the community. Moreover, Saint John’s Health Center will be required to continue to implement a Transportation Demand Management (TDM) Program to reduce vehicle trips in the area and associated parking demand and the Master Plan includes pedestrian and bicycle enhancements to promote alternative modes of travel and better connections to public transit. Accordingly, the Phase II Master Plan is therefore consistent with LUCE Circulation Policy T19.2 which seeks appropriate TDM requirements for new development. Furthermore, the project is consistent with LUCE’s overall land use policies by providing community benefits for the area, including but not limited to, affordable housing, mobility improvements, visitor accommodations, publicly-accessible open spaces, and programs to address the needs of vulnerable populations in the community. 2. The proposed Third Amendment, including all exhibits attached thereto, is compatible with the uses authorized in the district in which the real property is located in the Healthcare Mixed-Use (HMU) District and with the existing uses on site. The existing Health Center includes hospital, medical research and related medical uses; the Master Plan proposes the same mix of uses and includes visitor accommodations, a DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2657 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 35 new childcare center, education and conference center uses, and medical office. These uses are all permitted uses in the HMU District. 3. The proposed Third Amendment, including all exhibits attached thereto, is in conformity with the public necessity, public convenience, general welfare, and good land use practices, in that the Master Plan allows for the redevelopment of certain components an existing Health Center campus and diversifies medical uses and services would benefit Santa Monica residents and the broader region. The project is consistent with the Land and Use Circulation Element vision for the area. The proposed Master Plan supports orderly, phased, and integrated development at the health care campus. Key components the Master Plan include a cohesive circulation and multi- modal mobility strategy for vehicles, pedestrians, and bicycles; providing sufficient on- site parking; establishing development standards that address the specific needs of a health care campus; and requiring necessary utilities, publicly-accessible open space areas, and infrastructure to improve connections between the Health Center and the surrounding neighborhood. Moreover, the Master Plan and Third Amendment will provide community benefits including affordable housing, publicly-accessible open space on the parcel, and monetary contributions that would support critical behavioral health initiatives and provide services to individuals who are homeless and other vulnerable populations. 4. The proposed Third Amendment, including all exhibits attached thereto, will not be detrimental to the health, safety and general welfare, in that the Master Plan would allow for the redevelopment of the Providence Saint John’s Health Center in a manner that is consistent with the LUCE vision for the area (the Healthcare District Land DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2658 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 36 Use Designation). The proposed project will be located in an urbanized area and is consistent with other health care uses, include Saint John’s acute care and in-patient hospital on the north campus and does not have the potential to disrupt the urban environment or cause health or safety problems. The proposed Master Plan provides a minimum of 10 new residential units, with all 10 units being deed restricted affordable units, a new Child and Family Development Center, new medical research facilities, and ambulatory and acute care facilities. The project will feature critically-needed medical and research uses, and a variety publicly-accessible open spaces on the property. The project will also provide community benefits including the aforementioned deed- restricted affordable housing as well as a requirement to monetary grants and provide in-kind health services to support programs provide homelessness services and services for other vulnerable populations in the community. 5. The proposed Third Amendment, including all exhibits attached thereto, will not adversely affect the orderly development of the property, in that the proposed Phase II Master Plan and Third Amendment establishes a long-range, orderly, and phased framework to redevelop and expand critically needed medical research and health care facilities to serve the community and as such is 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 Land Use and Circulation Element of the City’s General Plan. Further, the project will be subject to a construction mitigation plan that will be reviewed and approved prior issuance of a building permit for the project. DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2659 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 37 6. The proposed Third Amendment, including all exhibits attached thereto, will have a positive fiscal impact on the City in that the City will benefit from creating an orderly, phased, and comprehensive plan for buildout of the Phase II development program for Providence Saint John’s Health Center. The Master Plan will support of orderly development of the site, predictable phasing of project construction, and secure negotiated community benefits that will preserve and expand community access to the high quality health care provided by Saint John’s; promote economic investment in Santa Monica through the creation of construction jobs and permanent high quality jobs in the health care industry; and attract investment in medical research and health care through the construction of new state-of-the-art facilities. It is estimated that the proposed Third Amendment to the Development Agreement would also provide significant community benefits through the provision of substantial funding for the City’s behavioral health initiatives and required funding to other non-profit organizations in the community who provide critically needed programs to provide social and health care services to vulnerable populations in the community; and In addition to the aforementioned economic benefits provided by the Project to the City, the Project applicant will provide the following significant project features and community benefits required by Exhibit R-1 of the Development Agreement, which are incorporated herein by reference: • Homelessness and Services to Other Vulnerable Populations • Childcare Program • Monetary Contribution for Santa Monica Behavioral Health Initiatives DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2660 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 38 • Child and Family Development Center Youth and Family Program • Community Access to Phase II Community Oriented Facilities • Phase II Open Space including Publicly Accessible Open Space and 24/7 Pedestrian Connections • Phase II Vehicle, Bicycle, and Pedestrian Improvements • Enhanced Transportation Demand Management Program • Phase II Local Hiring Programs • Neighborhood Protection Measures • Phase II South Campus Affordable Housing • Internship and Nurse Residency Program • Equal Opportunity Subcontracting SECTION 8. Consistent with Public Resources Code 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 3 and 4 of this resolution, and to ensure compliance during project implementation. SECTION 9. Consistent with Section 21081.6(d) of the California Environmental Quality Act, the documents which constitute the record of proceedings for approving this project are located in the Community Development Department, 1685 Main Street, City Hall East, Santa Monica, California. The custodian of these documents is Rachel Kwok, Environmental Planner. SECTION 10. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2661 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 39 APPROVED AS TO FORM: JOSEPH LAWRENCE Interim City Attorney DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2662 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION DocuSign Envelope ID: E85C2915-2056-455B-A75F-040B48D3DBB5 Adopted and approved this 22nd day of March 2022. Sue Himmelrich, Mayor I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11409 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 22nd day of March 2022, by the following vote: AYES: Councilmembers Brock, Davis, De la Torre, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember Negrete ATTEST: Nikima Newsome, Assistant City Clerk DocuSign Envelope ID: 47330F65-5584-436E-9D8B-A6B56A5184F1 9.A.e Packet Pg. 2663 Attachment: RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS TO AND ADOPTING A MITIGATION 1 City Council Meeting: March 26, 2022 Santa Monica, California RESOLUTION NUMBER 11411 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE PHASE II MASTER PLAN WHEREAS, California Government Code Section 65450 et seq. permits each city to adopt a specific plan for the systematic implementation of the general plan for individual areas covered by the general plan; and WHEREAS, the Hospital Area Specific Plan (the “HASP”) was adopted by Resolution No. 7695 (CCS) of the City Council on September 27, 1988 to ensure harmonious development within the Hospital Area identified in the HASP; and WHEREAS, the HASP was adopted to be consistent with the Land Use and Circulation Elements (the “LUCE”) of the City’s 1984 General Plan and Zoning Map in effect at the time of adoption of the HASP; and WHEREAS, the HASP was amended by Resolution No. 8617 (CCS) on June 29, 1993, and Resolution No. 9254 (CCS) on April 1, 1998 (collectively referenced herein as the “HASP Amendments”) to reflect the changes associated with the Saint John’s Health Center Development Agreement (the “Original Agreement”), dated June 9, 1998 and recorded in the Official Records of the County of Los Angeles, State of California on July 29, 1998 as Instrument No. 98-1311808 (the “Original Development Agreement”); and DocuSign Envelope ID: F8A11C43-C191-4398-9CD8-A85C22517D63 9.A.f Packet Pg. 2664 Attachment: RESOLUTION 11411 CCS ADOPTING THE PHASE II MASTER PLAN (5027 : Vacation of 21st Street between Santa Monica 2 WHEREAS, the Original Development Agreement contemplated new development and associated zoning changes within the HASP areas associated with Saint John’s Health Center; and WHEREAS, in July 2010, the City adopted a new LUCE (“2010 LUCE”) and associated zoning changes Citywide, including the Hospital Area; and WHEREAS, the 2010 LUCE contemplates that future amendments to the HASP will occur to be consistent with 2010 LUCE and associated zoning code updates, as well as new development proposed by the Saint John’s Health Center; and WHEREAS, the Original Development Agreement provided vested rights for development of the Saint John’s Health Center in two phases (“Phase I” and “Phase II”, respectively), with Phase I being developed entirely on the North Campus of the Saint John’s Health Center properties (i.e., those properties north of Santa Monica Boulevard) and Phase II being developed on a portion of the North Campus and on the South Campus (i.e., those properties south of Santa Monica Boulevard) of the Saint John’s Health Center properties; and WHEREAS, the Original Development Agreement provided a ten (10)-year vesting deadline for Phase I (“Phase I Vesting Deadline”) and a seventeen (17)-year vesting deadline for Phase II (“Original Phase II Vesting Deadline”), subject to the provisions for the continuation of vested rights pursuant to Sections 3.8.2 and 3.8.3 of the Original Development Agreement; and WHEREAS, the owner of Saint John’s Health Center (“Saint John’s”) and City executed that certain First Amendment to Development Agreement dated October 4, DocuSign Envelope ID: F8A11C43-C191-4398-9CD8-A85C22517D63 9.A.f Packet Pg. 2665 Attachment: RESOLUTION 11411 CCS ADOPTING THE PHASE II MASTER PLAN (5027 : Vacation of 21st Street between Santa Monica 3 2011 and recorded in the Official Records of the County of Los Angeles, State of California on October 13, 2011 as Instrument No. 20111388841 (the “First Amendment”). The First Amendment extended the Phase I Vesting Deadline, modified the obligation under the Original Development Agreement to construct the North Subterranean Parking Structure and Entry Plaza as part of Phase I, and allowed a modified Entry Plaza and parking program in-lieu of constructing the North Subterranean Parking Structure; and WHEREAS, Saint John’s completed construction of Phase I in accordance with the Original Development Agreement and First Amendment; however, Saint John’s was unable to complete Phase II within the Original Phase II Vesting Deadline; and WHEREAS, Saint John’s and the City executed that certain Second Amendment to Development Agreement dated August 28, 2017 and recorded in the Official Records of the County of Los Angeles, State of California on October 2, 2017 as Instrument No. 20171125181 (“Second Amendment”). The Second Amendment modified the terms of the Original Development Agreement, as amended by the First Amendment, with respect to Phase II as follows: (1) Replacement of the Original Development Agreement’s requirement for City council approval of a South Campus Master Plan with a requirement for City Council approval of the Phase II Master Plan to address Phase II development on both the North and South Campuses (“Phase II Master Plan”). (2) Establishment of the basic development parameters for the Phase II Master Plan. DocuSign Envelope ID: F8A11C43-C191-4398-9CD8-A85C22517D63 9.A.f Packet Pg. 2666 Attachment: RESOLUTION 11411 CCS ADOPTING THE PHASE II MASTER PLAN (5027 : Vacation of 21st Street between Santa Monica 4 (3) Provision that no Phase II Development Review Permits shall be issued for the development of any building or parcel contemplated in the Phase II Master Plan prior to City Council approval of the Phase II Master Plan. (4) Provision that Saint John’s and the City each agree and covenant to negotiate in good faith a third amendment to the Original Development Agreement, as amended, to extend the Original Phase II Vesting Deadline in consideration for the provision of additional community benefits. (5) Confirmation that nothing in the Second Amendment constituted a confirmation or denial of Saint John’s vested rights under the Original Development Agreement, as modified by the First Amendment, it being understood and agreed to by the City and Saint John’s that the intent of the Second Amendment was solely to make a procedural change to implement the Original Development Agreement, as modified by the First Amendment, while preserving the substantive rights of Saint John’s and the City, respectively; and WHEREAS, the comprehensive changes to the City’s Zoning Code in 2015 rendered the zoning map designations and zoning code references in the HASP obsolete; and WHEREAS, the Saint John’s and the City have negotiated in good faith a third amendment to the Original Development Agreement, as amended, to extend the Original Phase II Vesting Deadline in consideration for the provision of additional community benefits (the “Third Amendment”); and WHEREAS, the Third Amendment contemplates the concurrent adoption of the Phase II Master Plan, which will act as the specific plan for Phase II development of DocuSign Envelope ID: F8A11C43-C191-4398-9CD8-A85C22517D63 9.A.f Packet Pg. 2667 Attachment: RESOLUTION 11411 CCS ADOPTING THE PHASE II MASTER PLAN (5027 : Vacation of 21st Street between Santa Monica 5 the Saint John’s Health Center after the Third Amendment Effective Date and until the end of the Phase II Vesting Deadline; and WHEREAS, the Phase II Master Plan is a comprehensive master plan that governs the Phase II portion of the Saint John’s Health Center Campus, including with respect to development, uses, circulation, parking, open space, and timing for implementation of the Phase II Master Plan; and WHEREAS, after the Phase II Vesting Deadline, the Zoning Code then in effect shall apply to any development applications filed for the Saint John’s Health Center, except as otherwise expressly allowed in the Third Amendment; and WHEREAS, due to the fact that the HASP is now obsolete, the Phase II Master Plan is a focused specific plan for the Saint John’s Health Center, and the development standards for the remainder of the Hospital Area are now included in Chapter 9 of the Santa Monica Municipal Code, City staff is recommending amendments to the 2010 LUCE and repeal of the HASP; and WHEREAS, the proposed Phase II Master Plan, which is attached hereto as Exhibit A, conforms to the requirements of Government Code sections 65450 et seq. as well as the requirements of Chapter 9.45 of the Santa Monica Municipal Code (General and Specific Plans); and WHEREAS, the City prepared and circulated for public review and comment a Draft Environmental Impact Report for the Phase II Master Plan (“Phase II DEIR”) pursuant to the California Environmental Quality Act (“CEQA”) and designated SCH No. 2017041030; and DocuSign Envelope ID: F8A11C43-C191-4398-9CD8-A85C22517D63 9.A.f Packet Pg. 2668 Attachment: RESOLUTION 11411 CCS ADOPTING THE PHASE II MASTER PLAN (5027 : Vacation of 21st Street between Santa Monica 6 WHEREAS, on January 26, 2022, the City’s Planning Commission held a duly noticed public hearing on the Phase II Final Environmental Impact Report (“FEIR”), the Tentative Tract Map, the 2022 LUCE Amendment, the repeal of the HASP, the Third Amendment, the Phase II Master Plan, and the proposed street vacation of 21st Street, between Santa Monica Boulevard and Broadway, with conditions. At such hearing, the Planning Commission recommended that the City Council certify the Phase II FEIR and approve the 2022 LUCE Amendment, the repeal of the HASP, the Third Amendment with specified conditions, the Phase II Master Plan, the Tentative Tract Map, and the proposed conditional street vacation of 21st Street, between Santa Monica Boulevard and Broadway, with conditions; and WHEREAS, on March 22, 2022, the City Council held a duly noticed public hearing on the Phase II FEIR, the Tentative Tract Map, the 2022 LUCE Amendment, the repeal of the HASP, the Third Amendment, the Phase II Master Plan, and the proposed street vacation of 21st Street, between Santa Monica Boulevard and Broadway, with conditions, and certified the FEIR and adopted a Statement of Overriding Considerations and Mitigation and Monitoring Plan; adopted the 2022 LUCE Amendment and repealed the HASP; approved the Third Amendment; and approved the initiation of proceedings for the street vacation of 21st Street, between Santa Monica Boulevard and Broadway, with conditions; approved the Phase II Master Plan; and approved the Tentative Tract Map; and WHEREAS, the proposed amendments to the LUCE and repeal of the HASP should only be effective concurrently with the “Third Amendment Effective Date,” as such term is defined in the Third Amendment; and DocuSign Envelope ID: F8A11C43-C191-4398-9CD8-A85C22517D63 9.A.f Packet Pg. 2669 Attachment: RESOLUTION 11411 CCS ADOPTING THE PHASE II MASTER PLAN (5027 : Vacation of 21st Street between Santa Monica 7 WHEREAS, the Phase II Master Plan should only be effective concurrently with the “Third Amendment Effective Date,” as such term is defined in the Third Amendment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The above recitals are true and correct, and incorporated herein by this reference. SECTION 2. The City Council does hereby adopt the proposed Phase II Master Plan, as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference; provided that such plan will only become effective concurrently with the Third Amendment Effective Date. SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: _________________________ JOSEPH LAWRENCE Interim City Attorney DocuSign Envelope ID: F8A11C43-C191-4398-9CD8-A85C22517D63 9.A.f Packet Pg. 2670 Attachment: RESOLUTION 11411 CCS ADOPTING THE PHASE II MASTER PLAN (5027 : Vacation of 21st Street between Santa Monica 8 EXHIBIT A PHASE II MASTER PLAN [behind this page] DocuSign Envelope ID: F8A11C43-C191-4398-9CD8-A85C22517D63 9.A.f Packet Pg. 2671 Attachment: RESOLUTION 11411 CCS ADOPTING THE PHASE II MASTER PLAN (5027 : Vacation of 21st Street between Santa Monica Adopted and approved this 22nd day of March 2022. Sue Himmelrich, Mayor I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11411 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 22nd day of March 2022, by the following vote: AYES: Councilmembers Brock, Davis, De la Torre, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember Negrete ATTEST: Nikima Newsome, Assistant City Clerk DocuSign Envelope ID: F8A11C43-C191-4398-9CD8-A85C22517D63 9.A.f Packet Pg. 2672 Attachment: RESOLUTION 11411 CCS ADOPTING THE PHASE II MASTER PLAN (5027 : Vacation of 21st Street between Santa Monica City Council Meeting: April 26, 2022 Santa Monica, California RESOLUTION NUMBER __________ (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA VACATING A PORTION OF 21ST STREET BETWEEN SANTA MONICA BOULEVARD AND BROADWAY, IN THE CITY OF SANTA MONICA, CALIFORNIA WHEREAS, California Government Code Section 65450 et seq. permits each city to adopt a specific plan for the systematic implementation of the general plan for individual areas covered by the general plan; and WHEREAS, the Hospital Area Specific Plan (the “HASP”) was adopted by Resolution No. 7695 (CCS) of the City Council on September 27, 1988 to ensure harmonious development within the Hospital Area identified in the HASP; and WHEREAS, the HASP was adopted to be consistent with the Land Use and Circulation Elements (the “LUCE”) of the City’s 1984 General Plan and Zoning Map in effect at the time of adoption of the HASP; and WHEREAS, the HASP was amended by Resolution No. 8617 (CCS) on June 29, 1993, and Resolution No. 9254 (CCS) on April 1, 1998 (collectively referenced herein as the “HASP Amendments”) to reflect the changes associated with the Saint John’s Health Center Development Agreement (the “Original Agreement”), dated June 9, 1998 and recorded in the Official Records of the County of Los Angeles, 9.A.g Packet Pg. 2673 Attachment: RESOLUTION ORDERING VACATION OF PUBLIC RIGHT-OF-WAY ON 21ST STREET BETWEEN SANTA MONICA BOULEVARD AND State of California on July 29, 1998 as Instrument No. 98-1311808 (the “Original Development Agreement”); and WHEREAS, the Original Development Agreement contemplated new development and associated zoning changes within the HASP areas associated with Saint John’s Health Center; and WHEREAS, in July 2010, the City adopted a new LUCE (“2010 LUCE”) and associated zoning changes Citywide, including the Hospital Area; and WHEREAS, the 2010 LUCE contemplates that future amendments to the HASP will occur to be consistent with 2010 LUCE and associated zoning code updates, as well as new development proposed by the Saint John’s Health Center; and WHEREAS, the Original Development Agreement provided vested rights for development of the Saint John’s Health Center in two phases (“Phase I” and “Phase II”, respectively), with Phase I being developed entirely on the North Campus of the Saint John’s Health Center properties (i.e., those properties north of Santa Monica Boulevard) and Phase II being developed on a portion of the North Campus and on the South Campus (i.e., those properties south of Santa Monica Boulevard) of the Saint John’s Health Center properties; and WHEREAS, the Original Development Agreement provided a ten (10)-year vesting deadline for Phase I (“Phase I Vesting Deadline”) and a seventeen (17)-year vesting deadline for Phase II (“Original Phase II Vesting Deadline”), subject to the provisions for the continuation of vested rights pursuant to Sections 3.8.2 and 3.8.3 of the Original Development Agreement; and 9.A.g Packet Pg. 2674 Attachment: RESOLUTION ORDERING VACATION OF PUBLIC RIGHT-OF-WAY ON 21ST STREET BETWEEN SANTA MONICA BOULEVARD AND WHEREAS, the owner of Saint John’s Health Center (“Saint John’s”) and City executed that certain First Amendment to Development Agreement dated October 4, 2011 and recorded in the Official Records of the County of Los Angeles, State of California on October 13, 2011 as Instrument No. 20111388841 (the “First Amendment”). The First Amendment extended the Phase I Vesting Deadline, modified the obligation under the Original Development Agreement to construct the North Subterranean Parking Structure and Entry Plaza as part of Phase I, and allowed a modified Entry Plaza and parking program in-lieu of constructing the North Subterranean Parking Structure; and WHEREAS, Saint John’s completed construction of Phase I in accordance with the Original Development Agreement and First Amendment; however, Saint John’s was unable to complete Phase II within the Original Phase II Vesting Deadline; and WHEREAS, Saint John’s and the City executed that certain Second Amendment to Development Agreement dated August 28, 2017 and recorded in the Official Records of the County of Los Angeles, State of California on October 2, 2017 as Instrument No. 20171125181 (“Second Amendment”). The Second Amendment modified the terms of the Original Development Agreement, as amended by the First Amendment, with respect to Phase II as follows: (1) Replacement of the Original Development Agreement’s requirement for City Council approval of a South Campus Master Plan with a requirement for City Council approval of the Phase II Master Plan to address Phase II development on both the North and South Campuses (“Phase II Master Plan”). 9.A.g Packet Pg. 2675 Attachment: RESOLUTION ORDERING VACATION OF PUBLIC RIGHT-OF-WAY ON 21ST STREET BETWEEN SANTA MONICA BOULEVARD AND (2) Establishment of the basic development parameters for the Phase II Master Plan. (3) Provision that no Phase II Development Review Permits shall be issued for the development of any building or parcel contemplated in the Phase II Master Plan prior to City Council approval of the Phase II Master Plan. (4) Provision that Saint John’s and the City each agree and covenant to negotiate in good faith a third amendment to the Original Development Agreement, as amended, to extend the Original Phase II Vesting Deadline in consideration for the provision of additional community benefits. (5) Confirmation that nothing in the Second Amendment constituted a confirmation or denial of Saint John’s vested rights under the Original Development Agreement, as modified by the First Amendment, it being understood and agreed to by the City and Saint John’s that the intent of the Second Amendment was solely to make a procedural change to implement the Original Development Agreement, as modified by the First Amendment, while preserving the substantive rights of Saint John’s and the City, respectively; and WHEREAS, the comprehensive changes to the City’s Zoning Code in 2015 rendered the zoning map designations and zoning code references in the HASP obsolete; and WHEREAS, the Saint John’s and the City have negotiated in good faith a third amendment to the Original Development Agreement, as amended, to extend the 9.A.g Packet Pg. 2676 Attachment: RESOLUTION ORDERING VACATION OF PUBLIC RIGHT-OF-WAY ON 21ST STREET BETWEEN SANTA MONICA BOULEVARD AND Original Phase II Vesting Deadline in consideration for the provision of additional community benefits (the “Third Amendment”); and WHEREAS, the Third Amendment contemplates the concurrent adoption of the Phase II Master Plan, which will act as the specific plan for Phase II development of the Saint John’s Health Center after the Third Amendment Effective Date and until the end of the Phase II Vesting Deadline; and WHEREAS, the Phase II Master Plan is a comprehensive master plan that governs the Phase II portion of the Saint John’s Health Center Campus, including with respect to development, uses, circulation, parking, open space, and timing for implementation of the Phase II Master Plan; and WHEREAS, after the Phase II Vesting Deadline, the Zoning Code then in effect shall apply to any development applications filed for the Saint John’s Health Center, except as otherwise expressly allowed in the Third Amendment; and WHEREAS, due to the fact that the HASP is now obsolete, the Phase II Master Plan is a focused specific plan for the Saint John’s Health Center, and the development standards for the remainder of the Hospital Area are now included in Chapter 9 of the Santa Monica Municipal Code, City staff recommended amendments to the 2010 LUCE and repeal of the HASP; and WHEREAS, the proposed Phase II Master Plan conforms to the requirements of Government Code sections 65450 et seq. as well as the requirements of Chapter 9.45 of the Santa Monica Municipal Code (General and Specific Plans); and 9.A.g Packet Pg. 2677 Attachment: RESOLUTION ORDERING VACATION OF PUBLIC RIGHT-OF-WAY ON 21ST STREET BETWEEN SANTA MONICA BOULEVARD AND WHEREAS, the City prepared and circulated for public review and comment a Draft Environmental Impact Report for the Phase II Master Plan (“Phase II DEIR”) pursuant to the California Environmental Quality Act (“CEQA”) and designated SCH No. 2017041030; and WHEREAS, on January 26, 2022, the City’s Planning Commission held a duly noticed public hearing on the Phase II Final Environmental Impact Report (“FEIR”), the Tentative Tract Map, the 2022 LUCE Amendment, the repeal of the HASP, the Third Amendment, the Phase II Master Plan, and the proposed street vacation of 21st Street, between Santa Monica Boulevard and Broadway, with conditions. At such hearing, the Planning Commission recommended that the City Council certify the Phase II FEIR and approve the 2022 LUCE Amendment, the repeal of the HASP, the Third Amendment with specified conditions, the Phase II Master Plan, the Tentative Tract Map, and the proposed conditional street vacation of 21st Street, between Santa Monica Boulevard and Broadway, with conditions; and WHEREAS, the proposed amendments to the LUCE and repeal of the HASP should only be effective concurrently with the “Third Amendment Effective Date,” as such term is defined in the Third Amendment; and WHEREAS, the Phase II Master Plan should only be effective concurrently with the “Third Amendment Effective Date,” as such term is defined in the Third Amendment; and 9.A.g Packet Pg. 2678 Attachment: RESOLUTION ORDERING VACATION OF PUBLIC RIGHT-OF-WAY ON 21ST STREET BETWEEN SANTA MONICA BOULEVARD AND WHEREAS, the proposed Third Amendment conforms to the requirements of Government Code sections 65450 et seq. as well as the requirement of Chapter 9.60 of the Santa Monica Municipal Code (Development Agreements); and WHEREAS, the Phase II Master Plan contemplates a partial vacation of 21st Street, between Santa Monica Boulevard and Broadway, with conditions, and the proposed street vacation area is as shown in Exhibit A, which is attached hereto and incorporated herein by this reference; and WHEREAS, on March 22, 2022, the City Council held a duly noticed public hearing and certified the FEIR and adopted a Statement of Overriding Considerations and Mitigation and Monitoring Plan; adopted the 2022 LUCE Amendment and repealed the HASP; approved the Third Amendment; and approved the initiation of proceedings for the street vacation of 21st Street, between Santa Monica Boulevard and Broadway, with conditions; approved the Phase II Master Plan; and approved the Tentative Tract Map; and WHEREAS, the proposed street vacation of 21st Street, between Santa Monica Boulevard and Broadway, will provide the opportunity for a pedestrian-oriented, publicly- accessible plaza as part of the Phase II Master Plan for the South Campus; and WHEREAS, the notice of the proposed street vacation of 21st Street, between Santa Monica Boulevard and Broadway, and the April 26, 2022 public hearing to consider the proposed street vacation was published in accordance with Streets and Highways Code section 8322, in the Santa Monica Daily Press on April 6, April 11, and April 18, 2022; and 9.A.g Packet Pg. 2679 Attachment: RESOLUTION ORDERING VACATION OF PUBLIC RIGHT-OF-WAY ON 21ST STREET BETWEEN SANTA MONICA BOULEVARD AND WHEREAS, notices of the proposed street vacation of 21st Street, between Santa Monica Boulevard and Broadway, and the April 26, 2022 public hearing to consider the proposed street vacation were posted in accordance with Streets and Highways Code section 8323; and WHEREAS, at the duly noticed public hearing conducted on April 26, 2022, the City Council heard oral and/or written testimony offered by persons interested in the proposed street vacation of 21st Street, between Santa Monica Boulevard and Broadway; and WHEREAS, the City Council finds, from all the evidence submitted, that the proposed street vacation is unnecessary for present or prospective public use, provided that the Third Amendment, which is filed in the Office of the City Clerk, is effective and the conditions outlined in Section 2.6.4 of the Third Amendment are satisfied, to wit (the “Conditions”): (i) the approval of the Street Vacation shall terminate in the event that Saint John’s does not meet the Phase II Vesting Deadline for the S1 or S3 sites in accordance with Third Amendment Section 2.6.1; (ii) the approval of the Street Vacation shall terminate if Saint John’s does not obtain building permits for the Phase II development of the S1 or S3 sites prior to the Outside Building Permit Issuance Date, as it may be extended, pursuant to Third Amendment Section 2.7; 9.A.g Packet Pg. 2680 Attachment: RESOLUTION ORDERING VACATION OF PUBLIC RIGHT-OF-WAY ON 21ST STREET BETWEEN SANTA MONICA BOULEVARD AND (iii) the City accepts a dedication of Saint John’s Way and 20th Place in accordance with Third Amendment Section 2.6.5; (iv) the City accepts a dedication of the Middle 24/7 Pedestrian Connection (as defined in Third Amendment Section 2.11.4(a)) pursuant to an easement agreement in accordance with Third Amendment Section 2.11.5; (v) Saint John’s dedicates the West 24/7 Pedestrian Connection (as defined in Third Amendment Section 2.11.4(b)) pursuant to a springing easement agreement in accordance with Third Amendment Section 2.11.5; (vi) a written plan for interim condition of the vacated Street Vacation area is submitted by Saint John’s and approved by the Community Development Director based on the requirements for the interim condition set forth in Section D.2.2 of the Phase II Master Plan Standards (Exhibit “Q” to the Third Amendment); and (vii) Saint John’s shall provide City with any subsurface easements where public water or sewer utilities may be located and any areas that would have to be accessed for maintenance of those utilities. and; WHEREAS, this resolution of the proposed vacation of 21st Street, between Santa Monica Boulevard and Broadway, may not be recorded until the Conditions have been satisfied. 9.A.g Packet Pg. 2681 Attachment: RESOLUTION ORDERING VACATION OF PUBLIC RIGHT-OF-WAY ON 21ST STREET BETWEEN SANTA MONICA BOULEVARD AND NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The above recitals and exhibits are hereby incorporated by reference, and deemed as true and correct. SECTION 2. The City Council of the City of Santa Monica elects to proceed under and in accordance with the provisions of Streets and Highways Code Section 8300 et seq. In accordance with Streets & Highways Code Section 8324, subd. (b), the City Council authorizes vacating the portion of 21st Street, between Santa Monica Boulevard and Broadway, shown in Exhibit A in the event that the Third Amendment is in effect and the Conditions are satisfied, in which event this Resolution shall be recorded. SECTION 3. In consideration of the vacation of 21st Street, between Santa Monica Boulevard and Broadway, shown in Exhibit A, PROVIDENCE HEALTH SYSTEM-SOUTHERN CALIFORNIA, a California non-profit religious corporation, or its successors in interest under the Third Amendment, will relocate any sewer line, water line, and other utilities that may require relocation per City requirements, and provide any necessary utility easements to City and other utility providers. These costs will be borne by PROVIDENCE HEALTH SYSTEM-SOUTHERN CALIFORNIA, a California non-profit religious corporation, or its successors in interest under the Third Amendment, in addition to any connection fees. 9.A.g Packet Pg. 2682 Attachment: RESOLUTION ORDERING VACATION OF PUBLIC RIGHT-OF-WAY ON 21ST STREET BETWEEN SANTA MONICA BOULEVARD AND SECTION 4. The City Clerk shall certify the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: _____________________ SUSAN Y. COLA Interim City Attorney 9.A.g Packet Pg. 2683 Attachment: RESOLUTION ORDERING VACATION OF PUBLIC RIGHT-OF-WAY ON 21ST STREET BETWEEN SANTA MONICA BOULEVARD AND Exhibit “A” Diagram of Proposed Street Vacation Area on 21st Street, between Santa Monica Boulevard and Broadway 9.A.g Packet Pg. 2684 Attachment: RESOLUTION ORDERING VACATION OF PUBLIC RIGHT-OF-WAY ON 21ST STREET BETWEEN SANTA MONICA BOULEVARD AND 1 Vernice Hankins From:Daniel Galamba <galambadb@hotmail.com> Sent:Friday, April 22, 2022 11:52 AM To:councilmtgitems; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Sue Himmelrich; Kristin McCowan; Oscar de la Torre Subject:April 26, 2022 City Council Meeting Item 9.A.-Please oppose the Vacation of Public Right-of-Way on 21st Street between Santa Monica Boulevard and Broadway EXTERNAL  Dear City Council,  I am requesting that you oppose the vacation of the Public Right‐of‐Way on 21st Street between Santa Monica  Boulevard and Broadway.  St John's plan anticipates the addition of two new streets with the removal of 21st St as a  through street for an addition of one net new street.  If 21st St is retained as a through street then there would be two  net new streets, not just one.  This would help improve the traffic and circulation in the area, which is the objective.   Therefore I am requesting that you retain 21st St as a through street between Santa Monica Blvd and Broadway.  Thank  you.  Sincerely,  Dr Daniel Galamba   Item 9.A 04/26/22 1 of 1 Item 9.A 04/26/22 9.A.h Packet Pg. 2685 Attachment: Written Comment (5027 : Vacation of 21st Street between Santa Monica Blvd/Broadway (20 mins)) Phase II Master Plan Partial Street Vacation City of Santa Monica | City Council April 26, 2022 9.A.i Packet Pg. 2686 Attachment: Applicant's PowerPoint Presentation (5027 : Vacation of 21st Street between Partial Vacation of 21st Street 2 •Included in Master Plan, DA, and EIR that came before City Council on March 22, 2022 9.A.i Packet Pg. 2687 Attachment: Applicant's PowerPoint Presentation (5027 : Vacation of 21st Street between 3Exhibit depicts ground-level conceptual building footprints demonstrating implementation of the Master Plan, building design is subject to change. Conceptual Development of Phase II Sites •Implementation of Master Plan –connected campus •Active and passive open space •Circulation –Access to Santa Monica Blvd and Broadway for pedestrians, bicyclists, and vehicles 9.A.i Packet Pg. 2688 Attachment: Applicant's PowerPoint Presentation (5027 : Vacation of 21st Street between Existing Circulation 4 1 2 Existing 21st Street2 Private Driveway City Street 1 Existing North CampusDriveway 9.A.i Packet Pg. 2689 Attachment: Applicant's PowerPoint Presentation (5027 : Vacation of 21st Street between Proposed Circulation Proposed South Campus EastDriveway 3 Proposed South Campus West Driveway Proposed North Campus Driveway Proposed 20th Place Proposed SoutheastDriveway 1 2 4 Proposed Saint John’sWay Restricted Access Areas PrivateDriveway City Street Subterranean Loop 8 5 6 7 3 Proposed Partial Street Vacation of 21st Street 9 8 9.A.i Packet Pg. 2690 Attachment: Applicant's PowerPoint Presentation (5027 : Vacation of 21st Street between •Supports creation of the campus environment •Implements Master Plan Circulation •Aligned with City priorities related to bikes on Broadway and better connectivity to bus and light rail transportation options Street Vacation Overview 9.A.i Packet Pg. 2691 Attachment: Applicant's PowerPoint Presentation (5027 : Vacation of 21st Street between Thank You ? 9.A.i Packet Pg. 2692 Attachment: Applicant's PowerPoint Presentation (5027 : Vacation of 21st Street between 24/7 Pedestrian Connections Sidewalks/pedestrian connections between Broadway and Santa Monica Boulevard through the South Campus better integrate the Campus into the City’s urban fabric and substantially enhance the walk to/from the Expo line. 9.A.i Packet Pg. 2693 Attachment: Applicant's PowerPoint Presentation (5027 : Vacation of 21st Street between 9.A.i Packet Pg. 2694 Attachment: Applicant's PowerPoint Presentation (5027 : Vacation of 21st Street between