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R-8081 . . RESOLUTION NO. 808l(CCSI (City council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION FOR THE NORTH OF WILSHIRE NEIGHBORHOOD ALTERNATIVE DEVELOPMENT CONTROLS WHEREAS, a Notice of Preparation of an Environmental Impact Report for the North of Wilshire neighborhood alternative development controls was issued in February, 1990; and WHEREAS, a Notice of completion of a Draft Environmental Impact Report was published in April, 1990, in compliance with the California Environmental Quality Act and the city of Santa Monica CEQA Guidelines; and WHEREAS, the Draft Environmental Impact Report was made available for a 45-day public review period beginning on April 24, 1990; and WHEREAS, in June, 1990, the Final Environmental Impact Report was published; and WHEREAS, on July 11, 1990, the Planning Commission reviewed the Final Environmental Impact Report; and WHEREAS, on August l4, 1990 the City Council, as Lead City Agency, reviewed the Final Environmental Impact Report, - 1 - . . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds that the Final Environmental Impact Report adequately reviews and analyzes potential environmental effects of the proposed project. SECTION 2. The City Council makes the following findings, consistent with Article VI, sections 12 and l3 of the city of Santa Monica CEQA Guidelines and sections l5091 and l5093 of the State of California CEQA Guidelines. (b) (1) The Final EIR determined that without mitigation the project could result in a significant impact to short-term air quality during demolition and construction of development projects in the north of Wilshire area (FEIR pp. 8.4-8.7). The creation of dust and the daily emission of pollutants from construction vehicles could slightly exceed threshold criteria established by SCAQMD. Such impacts would be temporary in nature but are considered unavoidable significant adverse effects attributable to the project. Consistent with Article VI, Section 12 of the City CEQA Guidelines and Sections 15091 of the State CEQA Guidelines, the project will undertake the following mitigation measures which will avoid or substantially lessen the potential significant environmental effects identified with respect to short-term air quality impacts: (1) Suspend earth moving or other dust-producing activities during periods of high winds~ (2) Provide equipment and manpower for watering of all - 2 - . . exposed or disturbed soil surfaces, including weekends and holidays; (3) Cover stockpiles of debris, soil, sand or other materials that can be blown by the wind; and (4) Sweep construction area and adjacent streets of all mud and dust daily. These measures will avoid or substantially lessen the potential for significant adverse impacts to short-term, air quality, and thus mitigate or avoid the significant environmental effects identified in the Final EIR (FEIR pp. 8.4-8.7). (c) The Final EIR determined that without mitigation the project could result in significant impacts to long-term air quality in the area (FEIR pp. 8.4-8.8, and 13.15-13.17). The Final EIR determined that the project would result in an increase in long-term daily emissions of oxide of nitrogen, one of two ozone precursors, as a result of increased automobile emissions. Consistent with Article VI, Section l2 of the city CEQA Guidelines and section 15091 of the State CEQA Guidelines, the project will undertake the following mitigation measures which will avoid or substantially lessen the potential significant environmental effects identified with respect to long-term air quality: (1) The project shall comply with the SCAQMD's Regulation XV to help improve the region's air quality by reducing employee peak hour trips; (2) Implementation of the city's Transportation Management - 3 - . . Plan (TMP) ordinance that would be more stringent than the SCAQMD regulations with respect to trip reduction goals 7 and (3) Buildout is unlikely to occur as found in the FEIR page 2-4. Buildout is based upon redevelopment of all residentially zoned parcels, many of which are unlikely to ever be developed with new housing. If actual buildout does not exceed 85% of projected buildout, then the threshold will not be exceeded. These measures will avoid or substantially lessen the potential for significant adverse impacts on long term air quality and thus mitigate or avoid the significant environmental effects identified in the Final EIR (FEIR pp. 8.4-8.7, and l3.15-l3.l7). (d) The Final EIR determined that without mitigation the project could result in significant adverse impacts on housing (FEIR pp. 5.9-S.14). The Final EIR determined that the project will make it more difficult for the city to meet SCAG's "fair share" housing projection of 3220 needed housing units in Santa Monica by 1994. The proposed project will reduce the number of potential new housing units which can be built in the north of Wilshire neighborhood from 1427 new units under existing zoning to 1082 new units under the project buildout, a potential loss of 345 new units. Consistent with Article VI, Section 12 of the City CEQA Guidelines and section 15091 of the State CEQA Guidelines, the project will undertake the following mitigation measures which will avoid or substantially lessen the potential - 4 - . . significant environmental effects identified with respect to housing: (1) Require that substitute housing be developed to offset the loss of potential housing in the north of Wilshire neighborhood; (2) Encourage development of housing in appropriate commercial districts throughout the city; (3) Allow higher floor area ratios (FAR) for mixed use commercial and residential projects. These measures will avoid or sUbstantially lessen the potential for significant adverse impacts on housing and thus mitigate or avoid the significant environmental effects identified in the Final EIR (FEIR pp. 5.9-5.14). (e) (1) The Final EIR determined that without mitigation the project could result in significant impacts to traffic and circulation. A total of l2 intersections are projected to have significant impacts, however, all but one intersection can be mitigated (FEIR pp. 7-18, 7-37). Consistent with Article VI, section 12 of the City CEQA Guidelines and Section 15091 of the state CEQA Guidelines, the City finds that the circulation mitigation measures as identified in Exhibit 1 of this resolution (Final EIR pp. 7-18, 7-37) will mitigate, avoid or substantially lessen the potential significant traffic circulation impacts. (2) The Final EIR determined that with the implementation of the mitigation measures identified in the Final EIR (pp. 7-18, 7-37), the build out of the project could result in a significant - 5 - / . . impact to traffic circulation at one (l) intersection, Fourth street and I-IO westbound off-ramp. Without mitigation, a total of twelve (l2) intersections were identified as having significant impacts. Consistent with Article IV, Section l3 of the city CEQA Guidelines and Sections 15091 and 15093 of the State CEQA Guidelines, the city Council hereby makes a statement of Overriding Consideration based on the following findings: (a) The city Council finds that there are no feasible, reasonable and available alternatives or further mitigation measures to the project that would significantly and substantially reduce the impact on the environment while accomplishing the City goals and objectives for the north of Wilshire neighborhood defined as the residential districts bounded by Ocean Avenue to the west, Montana Avenue to the north, l4th Street to the east and Wilshire Boulevard to the south, therefore, the social, economic, and other environmental benefits of the project outweigh the impact at Fourth Street and the 1-10 west-bound ramp. (b) Further the City Council finds that the project will improve the north of wilshire neighborhood by providing standards that will reduce the scale of buildings and provide relief from the visual impacts of new development that have been identified as incompatible with existing neighborhood character. The Project Construction Rate and Management Programs will control the rate of development in the neighborhood and address construction impacts stemming from simultaneous construction projects occurring in a given block and disruptive effects on the - 6 - . . neighborhood of construction projects, therefore, the social, economic, and other environmental benefits of the project outweigh the circulation impact at Fourth street and the I-lO west-bound ramp. (c) Further, the city Council finds that implementation of traffic mitigation measures identified in Exhibit 1 of this resolution will mitigate or avoid significant environmental effects at all but one intersection (Final EIR pp 7-lS, 7-37) Mitigation at the twelve intersections will be made over time as part of the City's ongoing Traffic Improvements Program. (3) The Final EIR determined that while the project could result in a significant impact to traffic and circulation the severity of these unavoidable impacts should be tempered by the fact that build-out may take place over a much longer period than the period in which cumulative projects are built. The level of build-out may be much smaller than projected in the EIR, because it assumed development of housing on parcels now occupied by private schools, parks, churches, and other non-residential uses in the project area. The EIR also concludes that these unavoidable impacts would occur whether or not the project or any of the alternatives studied, including existing zoning, is implemented. SECTION 3. The city Council has reviewed and considered the Final Environmental Impact Report on the North of Wilshire Alternative Development Controls prior to acting on the project. - 7 - . . SECTION 4. The City Council certifies that the environmental review for the project was conducted in full compliance with state and City CEQA Guidelines, that there was adequate public review of the Draft Environmental Impact Report, that it has considered all comments on the Draft Environmental Impact Report and responses to comments, that the Final Environmental Impact Report adequately discusses all significant environmental issues, and that the city Council has considered the contents of the Final Environmental Impact Report in its decision-making process. SECTION 6. 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: '. .,_,;,.,,-..,,"1: ':;.~ "':r-v);.... v"t~1f.._. ROBERT M. MYERS City Attorney w/nowresII - 8 - . . Adopted and approved this 18th day of September, 1990. ~/~r I hereby certify that the foregoing Resolution No. 8081(CCS) was duly adopted by the City Council of the City of Santa Monica at a meeting thereof held on September l8th, 1990 by the following Council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Katz, Mayor Zane Noes: Councilmembers: Reed Abstain: Councilmembers: None Absent: Councilmembers: Jennings .. ~ -- .' ATTEST: ~~ "'-- - - ~~ . - - . . . ~ /' ,- ::-;.,~ city - Cle > . .. -- ~>