1 City Council Meeting: March 8, 2022 Santa Monica, California RESOLUTION NUMBER ______ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR 1242 20th STREET
WELLNESS CENTER 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, a Notice of Preparation (“NOP”) for the 1242 20th Street Wellness Center Project (“Project”) was published and circulated for 30 days from January 9, 2018 to February 9, 2018; and
WHEREAS, a Notice of Completion/Notice of Availability of a Draft Environmental Impact Report (“Draft EIR”) for the Project was published on December 17, 2020 in compliance with CEQA and the State 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 February 18, 2021; and WHEREAS, the Draft EIR analyzed the potential environmental impacts that could result from the Project and six alternatives; and
WHEREAS, the Final Environmental Impact Report (“Final EIR”) was published on October 23, 2021; and
2 WHEREAS, on November 3, 2021, the Planning Commission conducted a public hearing to consider approval of the Project; and
WHEREAS, the Planning Commission 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 CEQA and State CEQA Guidelines and approved the Project; and
WHEREAS, on November 16, 2021, Supporters Alliance for Environmental Responsibility (“SAFER”) filed a timely appeal of the Planning Commission’s actions on the basis that the Final EIR fails to provide comparative data to support its rejection of one of the project alternatives; there is substantial evidence that the project will have a significant health risk impact from its indoor air quality impacts and that the project will have significant adverse air quality, health risk, and greenhouse gas impacts; and the project will have significant adverse biological impacts that the FEIR fails to adequately analyze and mitigate; and
WHEREAS, on March 8, 2022, the City Council conducted a public hearing to consider SAFER’s appeal and approval of the project; and WHEREAS, the City Council reviewed and considered the contents of the Final EIR in its decision-making process, independently determined that the Final EIR has been prepared in accordance with CEQA and State CEQA Guidelines, and denied the appeal based on the finding set forth below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby certifies that:
A. The Final EIR for the 1242 20th Street Wellness Center Project (“Project”) was completed in full compliance with State law and the CEQA Guidelines, there
3 was adequate public review of the Draft EIR, and the Final EIR adequately discusses all potentially significant environmental issues; and B. The Final EIR for the Project 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 C. The Final EIR reflects the independent judgment and analysis of the City.
SECTION 2. Consistent with Section 15128 of the State CEQA Guidelines, 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:
Agriculture and Forestry Resources, Biological Resources, Cultural Resources, Hydrology/Water Quality, Mineral Resources, Population and Housing, Public Services, and Wildfires.
SECTION 3. Consistent with Section 15091 and 15092 of the State CEQA Guidelines, and as analyzed in the Final EIR, the City Council finds that project impacts would be less than significant without mitigation for Aesthetics, Greenhouse Gas Emissions, Energy, Land Use and Panning, Transportation, and Utilities/Service Systems – Solid Waste.
SECTION 4. 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 project impacts for Air Quality, Construction Effects, Cultural Resources, Geology and Soils, Hazards and Hazardous materials, Noise/Vibration, Tribal Cultural Resources, and Utilities/Service Systems – Water and Wastewater resulting from the proposed project can be reduced to an acceptable level with implementation of mitigation measures as established in Chapter 10 of the Final EIR.
4 SECTION 5. 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. The Final EIR found that the project would not result in any significant effects. Notwithstanding, the EIR provided an analysis of the environmentally superior alternative. In the case of the subject project, Alternative 3, Administrative Approval (AA) Project Alternative, would be the environmentally superior alternative. In comparison to the other project alternatives, Alternative 3 would lessen the potential impacts of the project to a greater degree. However, this alternative would not meet the project objectives. Alternative 3 would provide fewer jobs in close proximity to housing and transit to support the mobility and circulation objectives of the proposed project.
Furthermore, this alternative would not provide research & development uses, a higher level of community benefits and greater support for the goals and policies related to the economic viability of the HMU District.
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 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 7. Consistent with Public Resources Code Section 21081.6, the City Council adopts the Mitigation Monitoring and Reporting Program, which is included as
5 Chapter 10 of the Final EIR, to mitigate or avoid significant effects of the project on the environment, as detailed in Section 4 of this resolution, and to ensure compliance during project implementation.
SECTION 8. Consistent with Section 21081.6 of CEQA, 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 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