R-9261
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City Council Meeting 04-14-98 Santa MOnica, California
RESOLUTION NO 9261
(City Council Senes)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA MAKING THE CEQA FINDINGS
NECESSARY TO APPROVE THE 1998-2003 HOUSING ELEMENT UPDATE,
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND
ADOPTING A MITIGATION MONITORING PLAN
WHEREAS, the City Council has certified an Environmental Impact Report for the
1998-2003 Housing Element Update,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS
SECTION 1
Consistent with ArtIcle VI, SectIon 12 of the City of Santa
MOnica CEQA GUidelines and Sections 15091 and 15092 of the State of California CECA
GUidelines, the City CounCil finds that most Impacts resulting from the project can be
reduced to an acceptable level Adoption of the Housing Element Update Will not, by Itself,
result m any new reSidential development However, the Updated Element Will facIlitate
the development of housing which has the potential to result In environmental Impacts
More speCifically, significant environmental effects as Identified below can feasibly be
elimmated or substantially lessened to below a level of significance The remaining
unavoidable significant effects as detailed In Section 2 cannot be fully avoided or mitigated
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to below a level of significance but are nevertheless found to be acceptable due to
overndlng considerations, as discussed In Section 5
(a) The final EIR determined that without mitigation the proposed proJect could
result In significant adverse Impacts on the cumulative use of domestic water supplies In
a worst-case scenano, up to 3,219 reSidential umts, combined with other non-residential
development expected to occur dunng the 1998-2003 penod, have the potenttal to
consume up to 859,525 gallons of water per day In light of the fact that the City relies on
Imported water at present due to contamination of local wells, thiS Increased demand IS
considered significant Consistent with ArtIcle VI, Section 12 of the City CEQA GUidelines
and Section 15091 of the State of Callforma CEQA GUidelines, the City Council finds that
the follOWing mitigation measure has been reqUIred In the project whIch Will avoid or
substantially lessen the potential Significant environmental effects IdentifIed With respect
to domestic water supplies to below a level of slgmflcance
(1) The City shall continue to reqUire water conservation of all new development
Each new project IS required to achIeve a 2 1 offset of water use -- that IS to
conserve twice the amount of water the proJect uses To accomplish that, the City
charges each developer a fee on every gallon of water used The revenue IS added
to the retrofit program funds to buy and Install low-flow plumbing In eXisting
bUildings Implementation of thiS and other conservation programs and measures
will reduce cumulatIve Impact on the City's water supply to a less-than-slgnlflcant
level
(b) The Final EIR determined that Without mitigation the proposed project could
result In slgmflcant adverse Impacts on land use compatibility under Program 1 d of the
HOUSing Element Update which when Implemented has the potential to allow more
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opportunities for residential development In the C5, M1 and LMSD zOning dlstncts. As a
result the proposed proJect could faCilitate further changes to the eXisting land use pattern
In the community AdditIonally, residential uses In established heavy commercial and
Industrial districts have the potential to create land use conflicts Consistent with Article
V1, Section 12 of the City CEOA GUidelines and Section 15091 of the State of CallforOla
ceOA GUidelines, the City Council finds that the follOWing mitIgation measure has been
required In the proJect which Will aVOid or substantially lessen the potential slgOlflcant
environmental effects Identified with respect to land use and planning associated with
Program 1 d of the 1998-2003 Housing Element Update to below a level of slgOlficance
(1) Any action to amend the zoning prOVIsions for the C5 and M1 zones to allow
reSidential uses by nght shall Include establishing zoning regulations that call for
buffenng and Similar measures to protect potentially Incompatible land uses from
one another Similar conSiderations Will be given to the LMSD zone
SECTION 2 Consistent with Article VI, Section 12 of the City of Santa MoOlca
CeQA GUidelines and Sections 15091, 15092, and 15093 of the State of California CEOA
GUidelines, the City Council finds that the significant environmental effects as Identified
below can be reduced but cannot feasibly be aVOIded or mitigated to below a level of
slgOlflcance Nevertheless, these Impacts are found to be acceptable due to overriding
considerations as discussed In Section 5
(a) The Final EIR determined that without mitigation residential development under
the proposed project would likely result In significant unavoidable adverse Impacts upon
air quality Development of hOUSing pursuant to HOUSing Element goals, policies, and
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programs will result In Increased use of electricity and natural gas and Increased use of
electnclty and Increased auto traffiC that emits pollutants Estimated average dally
pollutant emissions (CO, ROG, Nox) will exceed SCAQMD threshold levels To minimize
pollutant emissions In the long-term, eXisting and proposed City ordInances and programs
will be enforced to address both stationary and mobile source emiSSions For example,
development of all new reSidential Units will Incorporate energy-saving features and
fixtures as reqUired by eXIsting City codes Also, programs in the HOUSing Element Update
that encourage mixed-use development will help reduce vehicles tnps and associated
emiSSIons by allOWing people to live closer to work Consistent With Section 15091 of the
State CEOA GUidelines, the City CounCil finds that the follOWing mItigation measure has
been reqUired of the proJect which Will reduce the Impact of the project on air quality, but
not to a level of inSignificance
(1) For indiVidual development projects subJect to discretionary reView, the
City shall determine what measures Will be reqUired to minimiZe Indirect
source emiSSion through energy conservation, Installation of energy-effiCient
appliances, passive solar deSign, etc
(b) The Final EIR determined that Without mitigation reSidential development under
the proposed project would lIkely result In Significant unaVOidable adverse Impacts upon
transportation/Circulation New reSidential units proVided pursuant to hOUSing policy could
result In an Increase of 12,336 to 25,753 new vehicle tnps per day The new tnps have
the potentIal to Impact Intersections already operating at levels of service E and F The
City IS currently updating ItS CIrculation Element ThiS Element Identifies a set of poliCies
to Improve eXisting and future CirculatIon The City Will continue to assess traffiC and
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circulation Impacts of all reSidential development to ensure compliance with the City's
traffic Improvement program and to reduce adverse traffic Impacts Consistent with
Section 15091 of the State CEQA GUIdelines, the City Council finds that the following
mitigation measure has been required of the project which will reduce the Impact of the
project on transportation/circulation, but not to a level of InSignificance
(1) For proJects reqUiring discretionary permit approval, circulation system
Improvements or other requirements Imposed by the City Engineer will be
Implemented pnor to the Issuance of occupancy permits
(c) The Final EIR determined that Without mitigation reSidential development under
the proposed project would likely result In Significant unavoidable adverse Impacts upon
parks and recreation A demand currently eXists for 51 to 294 acres of park land, and the
Open Space Element does not IdentIfy adequate land to meet eXisting needs An Increase
In the City's population will place Increased demands on eXisting parks and recreation
services Fees collected to fund park acquIsition do not cover associated costs
Consistent With Section 15091 of the State CEQA GUidelines, the City Council finds that
the following mitigation measure has been reqUired of the project which will reduce the
Impact of the project on parks and recreation, but since eXisting fee and tax levels are
Inadequate to fund acqUIsition, Impacts Will not be reduced to a level of insignificance
(1) The City Will continue to collect fees pursuant to Ordinance Number
1367 (CCS) and to assess establIshed taxes
(d) The Final EIR determined that Without mitIgation residential development under
the proposed proJect would likely result In significant unavoidable adverse cumulative
Impacts on air quality, traffic/circulation, and parks and recreation The CIty has Identified
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eight nonresidential projects that could be constructed within the time frame of the Housing
Element Update Implementation These proJects, when combined wIth the housing
projects faCIlitated by the Housing Element Update, have the potenttal to generate up to
98,000 average dally vehicle tripS Pollutant emiSSions from these mobile sources,
combined With stationary sources would exceed SCAOMD recommended threshold levels
The nonreSidential development Will place Increased demand on parks since day-time
employees of new bUSinesses can be expected to use these resources Consistent with
Section 15091 of the State CEOA GUidelines, the City Council finds that the follOWing
mitigation measure has been required of the proJect which Will reduce the cumulative
Impacts of the prOject on alf quality, traffiC, and parks and recreation, but not to a level of
Insignificance
(1) The mitigation measures Cited above related to Impacts associated With
hOUSing development Will also be applied to nonreSidential development
where feaSible Also, City poliCies that encourage mixed-use development
Will work to put people closer to work, thefeby creating opportunities for a
reduction In overall vehicle tripS and associated pollutant emiSSions
SECTION 3 The CEOA mandated environmentally superror alternative was found
to be the 'ReSidential Development In Nonresidential Zones' Alternative (Alternative B),
an alternative that assumes that residential development IS permItted by nght In all
commercial and Industrral zOning dlstncts As analyzed In the Final EIR, Alternative B
would result In Impacts that would be equal to or less than the Impacts for the project as
well as for each of the other alternatives conSidered However, Alternative B has the
potential to result In Incompatibilities between new residential development and eXisting
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Industnal uses currently located In industrial zones within the City Also, given that
commercial and Industrial businesses currently represent the predomInate uses In the C5,
M1 and LMSD zones, land costs might limit the ability of developers to purchase properties
for new residential development Finally, thiS alternative might run counter to other City
goals to provide a balanced mix of uses In Santa Monica and to allow Industrial
development In certain areas of the City The inabIlity of zOning regulations to guard
against potential land use conflicts and the possibility that thiS alternative would neither
encourage nor faCIlitate housing development renders thiS alternative Infeasible since It
does not satisfy the project obJective
SECTION 4 The remaining project alternatives analyzed In the Final EIR (the No
ProJect Alternative, the Ocean Park and North of Wilshire RezonIng Alternative, and the
Ordinance 1615 RevIsions Alternative) would have Similar or greater Impacts on the
environment as the proposed proJect
SECTION 5 As fully desCribed In Section 2, the Final EIR found that the project
would result In SignIficant unaVOIdable adverse Impacts upon air quality, traffiC and
Circulation, and parks and recreation services Consistent With Article VI, Section 13 of the
City CEQA GUidelines and Section 15093 of the State of CalifornIa CEQA GUidelines, the
City Council hereby makes a Statement of Overndlng ConSiderations and finds that the
benefits of the proJect outweigh ItS unavoidable environmental Impacts based on the
follOWing reasons
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(a) The proposed proJect contaIns goals, policies and programs which will enable
the City to promote the construction of new hOUSing for all segments of the population and
all Income groups balanced with protecting the eXisting supply of affordable hOUSing
(b) The proposed project contains goals, poliCies and programs which Will bring the
City closer to satisfYing ItS hOUSing need as estimated by the Regional HOUSing Needs
Assessment (RHNA)
(c) The proposed proJect contains goals, policies and programs deSigned to
promote the rehabilitation and continued maintenance of the eXisting hOUSing stock Within
the community
(d) The proposed project IdentifIes a quantified objective which Will serve to
Increase residential development In the City, thereby helping to Improve the regional
Jobslhouslng balance
(e) The proposed project contains goals, poliCIes and programs which Will enable
the City to provide hOUSing assistance and supportive services to very low, low and
moderate Income households and households With speCial needs
(f) The proposed project contains goals, poliCies and programs deSigned to
eliminate diSCrimination In the rental or sale of hOUSing on the baSIS of race, religion,
national origin, sex, sexual preference, age, disability, family status, AIDS, or other such
characterl stlCS
(9) While the number of vehicle tripS generated by the residential development
anticipated under the proposed proJect would likely have a Significant Impact on local
streets, particularly Intersections operating at LOS D or worse, these Impacts would be
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reduced by compliance with eXisting and future CIty policies and programs Further even
though It IS anticipated that significant traffic Impacts would remain after full
Implementation of the mitigation measures, new reSidential development anticIpated under
the Housing Element Update would provide additional housing needed for all Income
groups and would bnng the City closer to satisfYing the housing need estimated by the
RHNA Additionally, the proposed project includes programs which are designed to
promote the construction of mixed-use development In the City which will help to reduce
vehicle tripS by allowing people to live closer to their places of work
(h) While the Increases In vehicle tripS generated by development under the
proposed commercial development standards would, In turn, generate air quality Impacts
from mobile emiSSions, compliance With the Air Quality Management Plan and the City's
Air Quality Element would minimize aIr Impacts
SectIOn 6 Consistent With Public Resources Code Section 12081 6, the City
Council adopts the Mitigation MOnitOring Plan, which IS Included as Attachment A, to
mitigate or avoid signIficant affects of the project on the environment and to ensure
compliance dunng project Implementation
SECTION 7 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 Planning and CommunIty Development Department, 1685 Main
Street, Room 212, Santa MOnica, California The custodian of these documents IS
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Associate Planner Laura Beck
SECTION 8 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
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MARSHA JONES MOUTRIE
City Attorney
Last revised: July, 1994
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Adopted and approved this 21st of April, 1998
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Robert T Holbrook, Mayor
I, Mana M Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Resolution 9261 (CCS) was duly adopted at a meeting of the Santa
MOnica City Council held on the 21st of Apnl, 1998 by the follOWing vote
Ayes' Councilmembers
Ebner, FeinsteIn, Genser, Greenberg, Holbrook,
O'Connor
Noes Councllmembers
None
Abstain Councllmembers
Rosenstein
Absent Councllmembers
None
ATTEST
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Mana M Stewart, City ~Ierk
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ATTACHMENT A
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APPENDIX E
MITIGATION MONITORING PROGRAM
Section 21081 6 of the Public Resources Code reqmres adoptIOn of a reporting or monitoring
program for projects which result in sigrnficant environmental effects The monitoring is
required to ensure implementation of the measures considered necessary to mitigate or avoid
significant effects
The following table Identifies each mitigatton measure requrred to reduce effects associated
with adoption and ImplementatIOn of the Housmg Element, when monitonng will occur, and
the agencies responsible for momtonng and enforcmg the measures
In additIOn to these measures, as required by Govermnent Code Section 65400(b), City staff
wIll proVIde an annual report to the City CouncIl outlimng the progress toward General Plan
ImplementatIOn, includmg ImplementatIOn of the Housmg Element
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