RESOLUTION NO

RESOLUTION NO. 14-4599

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF WEST HOLLYWOOD, CERTIFYING AN

ENVIRONMENTAL · IMPACT

REPORT

(EIR),

ADOPTING

A

MITIGATION

MONITORING

PROGRAM AND ADOPTING A STATEMENT OF

OVERRIDING

CONSIDERATIONS

IN

CONJUNCTION WITH THE PROPOSED MIXED­

USE DEVELOPMENT, LOCATED AT 9040-9098

SANTA

MONICA

BOULEVARD,

9001-9035

MELROSE AVENUE AND 601-633 ALMONT DRIVE,

WEST HOLLYWOOD, CALIFORNIA (MELROSE

TRIANGLE)

THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD DOES

HEREBY RESOLVE AS FOLLOWS:

SECTION 1. On February 10, 2003, an application was submitted on

behalf of System, LLC for approval of Zoning Text Amendment 002-007, Zoning

Map Amendment 014-004, Demolition Permit 001, Development Permit

003-003, and Lot Line Adjustmerit 003-001 to demolish all commercial structures and

associated surface parking lots· on ten contiguous parcels and the construction of

a six-story mixed-use development containing 76 residential rental units

(including 15 affordable inclusionary units), 82,021 square feet of retail and

restaurant uses, 137,064 square feet of office space, and four levels of

subterranean parking containing 884 parking spaces for the Melrose Triangle

Mixed-Use Project located at 9040-9098 Santa Monica Boulevard, 9001-9035

Melrose Ave., and 601-633 Almont Drive, West Hollywood, CA.

SECTION 2. At a duly noticed public hearing on June 19, 2014, the

Planning Commission of the City of West Hollywood adopted three resolutions:

No. PC 14-1087, recommending that the City Council certify an Environmental

Impact Report, Adopt a mitigation monitoring program and adopt a statement of

overriding considerations; No. PC 14-1088 recommending that the City Council

adopt Zoning· Text Amendment (ZTA) 002-007 and Zoning Map· Amendment

(ZMA) 014-004; and No. PC 14-1089 recommending that the City Council

approve Development Permit (DVP) 004 and Demolition Permit (DMP)

003-001. The Planning Commission passed these three resolutions on a unanimous

6-0 vote, with Commissioner Shink absent.

SECTION 3. Notice of the public hearing before the City Council was

posted on the site for a period of at least twenty-eight days, beginning on July 18,

2014. An advertisement was posted in the Beverly Press and the West_

Hollywood Independent on August 7, 2014, and notices were mailed to

surrounding property owners and residents, Neighborhood Watch groups,

Resolution No. 14- 4599 Page 2 of 23

members of the public who provided comment at the Planning Commission

Hearing, and constituents requesting notification of proposed hearings on August

8, 2014.

SECTION 4. Pursuant to the California Environmental

_{Quality Act}

CEQA"),

_{The City, acting as Lead Agency, circulated a Notice of Preparation of}

an Environmental Impact Report for the original project for a 30- day period

beginning

July

30, 2004.

_{An original public scoping meeting was held on August}

7, 2004. Following this process, significant changes were made to the project. A

second Notice of Preparation was circulated for a period of 30 days beginning on

July 5, 2007, and an additional scoping meeting was held on. July 25, 2007. A

Draft Environmental Impact report was prepared and circulated for a 45- day

period beginning January 17, 2008 to March 3, 2008. Due to project changes and

the passage of time, this draft was updated and recirculated for another 45- day

period

_beginning

on

_January

2, 2014 and _concluding on

_February

17, 2014.

The Final EIR was made public on June 12, 2014. All required notifications were provided pursuant to CEQA (Public Resources Code Section 21092.5) and all

comment letters were incorporated into the Final EIR.

SECTION 5. In accordance with Public Resources Code Section 21092. 5,

the City provided written proposed responses to public agencies that commented

on the Draft EIR at least ten ( 10) days prior to certification of the Final EIR.

SECTION 6. The City prepared the Melrose Triangle Project EIR in its

capacity as _{lead agency} under CEQA and in compliance with CEQA. The Final

EIR consists of the Initial

_Study,

NOP, Notice of

_{Availability,}

Draft EIR,

Recirculated Draft EIR, Technical Studies, the Responses to Comments, Final Corrections and Additions, Mitigation

Monitoring

and

_Reporting

Program, Statement of

_Overriding

Considerations, and Final EIR Supplement. Hereafter,

these documents will be referred to _collectively as the "Final EIR." These

Findings are based on the entire record before the

City

Council,

including the

Final EIR.

SECTION 7. In accordance with CEQA Section 21082.1, the West

Hollywood City Council has independently reviewed and analyzed the Final EIR

and the administrative record relating to the proposed project. The Final EIR

constitutes an accurate and complete statement of the environmental impacts of

the proposed project.

The Final EIR reflects the independent judgment of the

City Council and it hereby adopts the facts and analysis in the Final EIR and

certifies the Final EIR.

The omission of some detail or aspect of the Final EIR

does not mean that it has been rejected by the City Council.

SECTION 8.

Changes or alterations have been required in the project

that, to the extent feasible,

_{substantially lessen the significant environmental}

effects identified in the EIR.

These changes or alterations are included in the

Mitigation

_Monitoring

and

_Reporting

Program. The

_City

Council

_hereby

adopts

Resolution No. 14- 4599 Page 3 of 23

the Mitigation

_Monitoring

and

_Reporting

Program incorporated herein as

Attachment A.

SECTION 9. The City Council hereby makes the findings described in

Attachment B and adopts the Statement of Overriding Considerations.

PASSED, APPROVED AND ADOPTED by the City Council of the City of

West Hollywood at a regular _meeting held this 18th

day of August, 2014 by the

following vote:

AYES: Councilmember: Duran, Land,

_Prang,

Mayor Pro

Tempore Heilman and Mayor D' Amico. NOES: Councilmember: None.

ABSENT: Councilmember: None. ABSTAIN: Councilmember: None.

JOHN D' AMICO, MAYOR

ATTEST:

L'C'Qc..

Resolution No. 14- 4599 Page 4 of 23

ATTACHMENT A

Melrose Triangle Project

Mitigation Monitoring and Reporting Program

Section 21081. 6 of the Public Resources Code requires a Lead Agency to adopt

a "

_{reporting or monitoring program for changes to the project or conditions of}

project approval, adopted in order to mitigate or avoid significant effects on the environment." In addition, Section 15097(a) of the California Environmental

Quality Act (CEQA) Guidelines requires that:

In order to ensure that the mitigation measures and project revisions identified in the EIR or negative declaration are

implemented, the public _agency shall adopt a program for

monitoring or reporting on the revisions which it has required in the

project and measures it has imposed to mitigate or avoid significant

environmental effects. A public agency may delegate reporting or

monitoring responsibilities to another public agency or to a private

entity which accepts the delegation; however, until mitigation measures have been completed the lead _agency remains

responsible for ensuring that implementation of the mitigation

measures occurs in accordance with the program.

The Melrose Triangle Project EIR has been prepared to address the potential

environmental impacts of the proposed project. Where appropriate, the EIR

includes recommended mitigation measures to avoid or substantially lessen the

significant environmental impacts associated with the proposed project. This

Mitigation

_Monitoring

and

_Reporting

Program is designed to monitor

implementation of the mitigation measures required for the proposed project.

This Mitigation

_Monitoring

and

_Reporting

Program has been prepared in compliance with Public Resources Code Section 21081.6. It describes the

requirements and procedures to be followed by the City of West Hollywood to

ensure that required mitigation measures adopted as part of the proposed

Melrose Triangle project will be carried out as described in the EIR. The

following table contains a list of these mitigation measures with their associated

implementation and _monitoring phases,

along with the agency responsible for

enforcing the mitigation measure and a checklist the City can use for verification

Attachment A: Mitigation Monitoring and Reporting

Timing for Standard

Responsible _Approving Condition or Standard ConditionsandMitigation Measures _{Party Agency} Mitigation Measure

4. 1 Aesthetics

Mitigation Measure AESTH- 1: Priorto theissuanceofa_buildingpermit,theApplicantshall submit an Project _CityofWest Prior to the issuance of Exterior_LightingPlansubjecttoreview and approval_bythe_City Applicant Hollywood _{a building permit}

BuildingOfficial(ordesignee). The_LightingPlanshallindicatethe _{Building Official}

location,type,andwattageof alllight fixturesandincludecatalogsheets or designee for each fixture. The Lighting Plan shall demonstrate that all exterior

lighting has been designed and located so that all direct rays are directed

downward and confined to the property, away from off-site areas.

Architectural lighting shall be directed onto the project site building

surfaces and have low reflectivity to minimize glare and limit light onto

adjacent properties. All pole-mounted light fixtures on the project site or

within the public right-of-way shall be shielded to limit spillover of

lighting onto adjacent properties and to minimize glare. 4.2 Air Quality

StandardConditionAQ-1: SCAQMD CEQA Handbook: Project _CityofWest _{Ongoing during} Theproposed project willberequiredto implementthe_following

Applicant Hollywood construction

SCAQMDmeasures: Building Official

or designee A. Dust suppression measures:

Revegetate disturbed areas as quickly as possible.

All excavating and grading operations shall be suspended when wind

speeds( as instantaneous gusts) exceed 25 mph.

All streets shall be swept once per day if visible soil materials are

carried to adjacent streets( recommend water sweepers with reclaimed water).

Install wheel washers where vehicles enter and exit unpaved roads

onto paved roads, or wash trucks and any equipment leaving the site each trip.

All on- site roads shall be paved as soon as feasible, watered

periodically, or chemically stabilized.

The area disturbed by clearing, grading, earthmoving, or excavation

operations shall be minimized at all times.

B. The construction contractor shall select the construction equipment used on

site based on low emission factors and high energy efficiency. The construction contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in

accordance with the manufacturer' s specifications.

C. The construction contractor shall utilize electric or diesel- powered

R ition No. 14- 4599 Page 6 of 23

Attachment A: Mitigation Monitoring and Reporting

Timing for Standard

Responsible _Approving Condition or StandardConditionsandMitigation Measures Party Agency Mitigation Measure

D. The construction contractor shall ensure that construction grading plans

include a statement that work crews will shut off equipment when not in

use. During smog season( May through October), the overall length of the construction period will be extended, thereby decreasing the size of the area prepared each day, to minimize vehicles and equipment operating at the

same time.

E. The construction contractor shall time the construction activities so as to not interfere with peak hour traffic and minimize obstruction of through

traffic lanes adjacent to the site; if necessary, a flagperson shall be retained to maintain safety adjacent to existing roadways.

F. _{The construction contractor shall support and encourage ridesharing and} transit incentives for the construction crew.

G. Compliance with the SCAQMD Rule 1113 on the use of architectural coatings should be implemented. Emissions associated with architectural

coatings would be reduced by complying with these rules and regulations, which include using pre- coated/ natural- colored building materials, and using water-based or low- VOC coating.

StandardConditionAQ-2: SCAQMDRule403Measures: Project _CityofWest _{Ongoing during} Theproposedproject willberequiredto implementthe_following

Applicant Hollywood construction

SCAQMDmeasures: Building Official

or designee

Apply nontoxic chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas( previously graded areas

inactive for 10 days or more).

Water active sites at least twice daily.( Locations where grading is to occur

will be thoroughly watered prior to earthmoving).

All trucks hauling dirt, sand, soil, or other loose materials are to be covered

or should maintain at least 2 feet of freeboard in accordance with the requirements of California Vehicle Code( CVC) Section 23114( freeboard means vertical space between the top of the load and the top of the trailer). Pave construction access roads at least 100 feet onto the site from the main

road.

Traffic speeds on all unpaved roads will be reduced to 15 mph or less.

Standard ConditionAQ-3: WestHollywood General Plan EIRMitigation Measure3. 15- 1 Project _CityofWest Prior to issuance of

Applicant Hollywood _{occupancy permit}

Theproposed project willberequiredto_complywithMitigation Measure 3.15-1 Building Official fromtheGeneral Plan EIR(seeAppendix Bto theRevisedAir_QualityImpact or designee

Analysis[ Appendix CJ), which requires projects to implement all feasible

measures for reducing construction- related GHG emissions.

Standard Condition_AQ-4: Title 24oftheCalifornia CodeofRegulations Project _CityofWest Prior to issuance of Applicant Hollywood _{occupancy permit}

Resolution No. 14- 4599 Page 7 of 23

Attachment A: Mitigation Monitoring and Reporting

Timing for Standard

Responsible Approving Condition or Standard ConditionsandMitigationMeasures Party Agency _ Mitigation Measure

Theproposedproject willberequiredtocomplywithTitle 24oftheCalifornia or designee

Code of Regulations( CCR) established by the CEC regarding energy

conservation standards. The Applicant is required to incorporate the following in building plans:

Solar or low- emission water heaters with combined space/water heater units;

and

Double- paned glass or window treatment for energy conservation in all

exterior windows.

4.3 Biological Resources

Mitigation MeasureBIO-1: Priortoapproval ofdemolitionpermits,the Applicantshall retaina Project _CityofWest Prior to approval of

qualifiedbiologist,subjecttoapproval_bythe_CommunityDevelopment Applicant Hollywood demolition permits Director,toconductpreconstructionclearance surveysforactivebird _Community

nestingpriorto_anyclearingof vegetationortreeremoval.Thelocation Development

of_anyactive_{migratory bird}nests willbemapped_bythebiologistand Director reported immediately to the project construction manager and the City of

West Hollywood Community Development Director. If protected

migratory birds are present, vegetation clearing and tree removal shall be

restricted to outside the likely active breeding season( March 1 to August 31) for migratory bird species potentially occurring on site. If it becomes

necessary to clear vegetation during the active breeding season( March 1

to August 31), all construction activities in proximity to active nests shall be delayed or otherwise modified as determined necessary by the biologist to prevent nest failure caused by demolition or construction

activities.

4.4 Cultural Resources

MitigationMeasure CULT-1: Priortothedemolitionofthe_buildingat9080SantaMonica Boulevard, Project CityofWest Prior to the demolition

theApplicantshallprepare photographicdocumentationofthe Applicant Hollywood _{of the building at 9080}

building'sexteriorelevations andcharacter-_definingfeaturessubjectto _Community Santa Monica

review and approval_bythe_CityofWestHollywood_Community Development Boulevard Development Directorordesignee. TheApplicantshall retaina Director or

professional photographerfamiliarwiththerecordationofhistoric designee

buildings to prepare the photographic documentation. The photographs shall be in large format, black and white, and archival processed, and

prepared in a format consistent with the Historic American Buildings

Survey( HABS) standards for large format and field photography. Copies

of the recordation package shall be deposited with the City of West

R ution No. 14- 4599 Paye 8 of 23

Attachment A: Mitigation Monitoring and Reporting

Timing for Standard

Responsible _Approving Condition or Standard ConditionsandMitigationMeasures _Party Agency Mitigation Measure Mitigation MeasureCULT-2: Priortoissuanceofdemolitionor_gradingpermits,theApplicantshall Project _CityofWest Prior to issuance of submitdesignand/ or construction plansforreview and approval_bythe Applicant Hollywood _{demolition or grading}

CityofWestHollywood_CommunityDevelopmentDirectorordesignee _Community permits thatillustratehowthe_buildingat9080 Santa Monica Boulevardshallbe Development

permanentlymemorialized andincorporated intotheproposed Director or developmentonthesite.Theplansforthenewbuildingson site shall designee

incorporate some of the character-defining features of the Streamline

Moderne Style into the design. In addition, a pamphlet that discusses the

general history of the project area and the Streamline Moderne Style shall be created. The pamphlet shall incorporate the additional research and

the HABS photographs taken prior to demolition.

MitigationMeasureCULT-3: Priortoissuanceof_gradingpermits,theApplicantshall contract with a Project _CityofWest Prior to issuance of

certifiedarchaeologisttomonitorall_trenchingand excavation activities, Applicant Hollywood _{grading permits}

subjectto thereviewand approval ofthe_CityofWest Hollywood _Community

CommunityDevelopmentDirectoror_{designee. Should any} Development

archaeological resourcesbeidentifiedduringthe_{grading,trenching,}or Director or

excavation,thecertified archaeologistshall:(1) ascertainthesignificance designee

of the resource,( 2) establish a protocol with the City of West Hollywood

to protect such resources, pursuant to Municipal Code Section 19. 58,( 3) ascertain the presence of additional resources, and( 4) provide additional

monitoring of the site, if deemed appropriate.

Following completion of construction monitoring, the qualified

archaeologist shall prepare a report of findings consistent with the requirements of the" Archaeological Resource Management Reports

ARMR): Recommended Contents and Format Preservation Planning

Bulletin."

On completion of project grading and excavation, the qualified archaeologist shall submit a report for review and approval by the City' s

Community Development Department. This report shall provide

adequate documentation of any resources found on site during site preparation, grading, and excavation, following the guidelines in the

Office of Historic Preservation" ARMR: Recommended Contents and

Format Preservation Planning Bulletin."

Resolution No. 14- 4599 Page 9 of 23

Attachment A: Mitigation Monitoring and Reporting

Timing for Standard

Responsible _Approving Condition or StandardConditionsandMitigation Measures Party Agency Mitigation Measure

and/ orexcavation, all ground-_disturbingactivitieswithinthearea ofthe Applicantor Hollywood _{preparation, grading,} humanremainsshall cease andthe_CountyCoronershallbenotified.If landowner _Community and/ or excavation

theremainsaredeterminedtobeofNativeAmericandescent,the Development Coronershall_notifytheNative American Heritage Commission(NAHC) Director

within 24 hours, which shall determine and notify a Most Likely

Descendant( MLD) of the deceased Native American. The MLD shall have 48 hours to inspect the site of the discovery and to recommend to

the Applicant or land owner means for the treatment and disposition of

the human remains and any associated grave goods. The Applicant or

landowner shall reinter the remains and associated grave goods with appropriate dignity on the property in a location not subject to further

disturbance, subject to the approval of the City of West Hollywood Community Development Director.

MitigationMeasure CULT-5: Priortocommencement of_{any grading activity}on site,the Applicant Project _CityofWest Prior to

shall retain aqualifiedpaleontologist,subjectto thereview and approval Applicant Hollywood _{commencement of any}

ofthe_CityofWestHollywood_BuildingOfficial,ordesignee. The _{Building Official grading activity on site}

qualifiedpaleontologistshallbeonsite_duringall rough_gradingand or designee

other significant ground-disturbing activities in depths greater than 10

feet below ground surface.

The paleontologist shall prepare a Paleontological Resources Impact

Mitigation Program( PRIMP) for the proposed project. The PRIMP

should be consistent with the guidelines of the Society of Vertebrate

Paleontologists( SVP)( 1995) and should include but not be limited to the

following:

a) _{Attendance at the pregrade conference by a qualified paleontologist or}

his/ her representative;

b) _{Monitoring of excavation activities by a qualified paleontological monitor in}

areas identified as likely to contain paleontological resources. The monitor

shall be equipped to salvage fossils and/ or matrix samples as they are unearthed in order to avoid construction delays. The monitor must be

empowered to temporarily halt or divert equipment in the area of the find in

order to allow removal of abundant or large specimens;

c) _{Because the underlying sediments may contain abundant fossil remains that}

can only be recovered by a screening and picking matrix, these sediments

shall occasionally be spot screened through one-eighth to one- twentieth- inch

mesh screens to determine whether microfossils exist. If microfossils are

F ution No. 14- 4599 Paye 10 of 23

Attachment A: Mitigation Monitoring and Reporting

Timing for Standard

Responsible _Approving Condition or StandardConditionsandMitigation Measures _{Party Agency} Mitigation Measure

collected and processed through one- twentieth- inch mesh screens to recover additional fossils;

d) Preparation of recovered specimens to a point of identification and

permanent preservation. This includes the washing and picking of mass

samples to recover small invertebrate and vertebrate fossils and the removal of surplus sediment from around larger specimens to reduce the volume of

storage for the repository and the storage cost for the developer;

e) _{Identification and curation of specimens into a museum repository with} permanent retrievable storage; and

f) Preparation of a report of findings with an appended itemized inventory of

specimens. When submitted to the City of West Hollywood, the report and

inventory would signify completion of the program to mitigate impacts to

paleontological resources.

4. 5 Geology and Soils

Please refer to the Standard Conditions listed under 4.2 Air Quality above.

Mitigation Measure GEO-1: Priorto theissuanceofa_buildingpermit,theApplicantshall submitthe Project _CityofWest Prior to the issuance of final design/construction planssubjecttoreviewand approval_bythe Applicant Hollywood _{a building permit}

City BuildingOfficialordesigneeandthe_CityEngineerordesignee. The _{Building Official} finaldesign/constructionplans shallconfirmthat therecommendations or designee and fromtheReportofGeotechnical_{Consultation regarding}foundation,site _{the City of West}

coefficient and seismiczonation,_retainingwall and wallsbelowgrade, Hollywood waterproofinganddrainage,floorslab support,_dewateringand Engineer or

groundwater control,excavationand slopes, and_{shoring have been} designee

incorporated into the final design.

MitigationMeasureGEO-2: Priorto theissuanceof a_buildingpermit,theapplicantshall submitthe Project _CityofWest Prior to issuance of a finalstructuralplans subjecttoreview and approval_bythe_{City Building} Applicant Hollywood _{building permit}

Officialordesigneeandthe_CityEngineeror_{designee, confirming}that _{Building Official}

the conclusionsand recommendations presentedintheReportof or designee and Geotechnical Consultationareincorporated intothefinalstructural _{the City of West}

plans. Hollywood Engineer or designee

MitigationMeasure GEO-3: Priorto theissuanceof a_buildingpermit,theapplicant shall submitthe Project _CityofWest Prior to issuance of a

finalgeotechnical report anddesignplans subjecttoreview and approval Applicant Hollywood _{building permit}

bythe_{City Building}Officialordesigneeandthe_CityEngineeror _{Building Official}

designeetoensurethatappropriategeotechnicaldesign features, or designee and

includingearthquake- resistantdesign, have beenincorporatedinto final _{the City of West}

sitedrawingsinaccordancewiththemost currentUniform_Building Hollywood

Resolution No. 14- 4599 Page 11 of 23

Attachment A: Mitigation Monitoring and Reporting

Timing for Standard

Responsible _Approving Condition or StandardConditionsandMitigationMeasures Party Agency Mitigation Measure

parametersoftheStructuralEngineersAssociationofCalifornia. designee

MitigationMeasureGEO-4: Priortoissuanceof_gradingor excavationpermits or_{anydewatering} Project _CityofWest Prior to issuance of

activities,theApplicantshall submitthefinalgeotechnical reportand Applicant Hollywood _{grading or excavation} designplansforreview_bythe_{City Building}Officialandthe_{City Building}Official permits or any

Engineertoensurethatappropriate_monitoringofthe_shoringsystem ordesigneeand _{dewatering activities} shallbe implemented,as recommendedintheReportofGeotechnical _{the City of West}

Consultation. Hollywood

Engineer or designee

Mitigation Measure GEO-5: _{Ongoingduring}construction activities,theproject geotechnicalengineer Geotechnica _CityofWest _{Ongoing during}

shall ata minimum, conductthe_following,subjecttothereview and 1Engineer Hollywood construction activities approval ofthe_{City Building}Officialordesigneeandthe_CityEngineer _{Building Official}

ordesignee: or designee and

the City of West

Observeexposedsubgradeinareastoreceivefillandinareas where

Hollywood

excavationhasresultedinthedesired finishedsubgrade; Engineer or

Evaluatethe_suitabilityof on- siteandimportsoilsfor fillplacement and designee

collect and submit soil samples for required or recommended laboratory testing where necessary;

Observe the fill and backfill for uniformity during placement;

Test backfill for field density and compaction to determine the percentage of

compaction achieved during backfill placement;

Observe and probe foundation materials to confirm that suitable bearing

materials are present at the design foundation depths;

Observe the testing and installation of soldier piles to verify that the desired

diameter and depth are obtained;

Observe the installation and testing of the temporary tie- back anchors; Observe the installation of and dynamic testing of driven piles to develop a

pile-driving criteria; and

Observe the installation of production-driven piles to verify that the desired

capacities and lengths are achieved.

4.6 Global Climate Change

The proposed project would not result in significant adverse impacts related to global climate change. No mitigation is required.

4.7 Hazards and Hazardous Materials

MitigationMeasure HAZ-1: Priortoissuanceof_anydemolitionpermits,theApplicantshallsubmit Project _CityofWest Prior to issuance of

predemolitionsurveysforasbestos-_containingmaterials(ACMs)and Applicant Hollywood _{any demolition} lead-basedpaint(LBP)(_{includingsampling}and analysisof all suspected _BuildingOfficial permits

R ition No. 14- 4599 Page 12 of 23

Attachment A: Mitigation Monitoring and Reporting

Timing for Standard

Responsible _Approving Condition or Standard Conditionsand MitigationMeasures _Party Agency Mitigation Measure

biphenyl-( PCB) containing electrical fixtures have been performed,

subject to review and approval by the City of West Hollywood Building Official. All inspections, surveys, and analyses shall be performed by

appropriately licensed and qualified individuals in accordance with applicable regulations( i.e.: American Society for Testing and Materials

ASTM] E 1527- 05 and 40 Code of Federal Regulations[ CFR], Subchapter

R, Toxic Substances Control Act[ TSCA] Part 716) and submitted to the Director of Building and Safety for review and approval prior to issuance

of demolition permits. All identified ACMs, LBP, and PCB- containing electrical fixtures shall be removed, handled, and properly disposed of

by appropriately licensed contractors according to all applicable regulations during demolition of structures( 40 CFR, Subchapter R,

TSCA, Parts 745, 761, and 763). Air monitoring shall be conducted by

appropriately licensed and qualified individuals in accordance with

applicable regulations to ensure adherence to applicable regulations( e.g.,

South Coast Air Quality Management District[ SCAQMD]) and to provide safety to workers and the adjacent community. The Applicant

shall provide documentation( e.g., all required waste manifests,

sampling, and air monitoring analytical results) to the City of West

Hollywood Director, Building and Safety Division, showing that

abatement of any ACMs, LBP, or PCB-containing electrical fixtures

identified in these structures has been completed in compliance with all

applicable regulations and approved by the appropriate regulatory

agency(ies)( 40 CFR, Subchapter R, TSCA, Parts 716, 745, 761, 763, and

795 and CCR Title 8, Artide 2.6).

Mitigation MeasureHAZ-2: Prior toissuanceof_gradingpermits,theApplicantshallprovide Project _CityofWest Prior to issuance of

verification,subjecttoreview and approval_bythe_CityofWest Applicant Hollywood _{grading permits} HollywoodBuildingOfficial,that theabandonedwellontheformergas _{Building Official}

station site on site has been properly abandoned per applicable

standards.

Mitigation MeasureHAZ-3: Priortoissuanceof a_gradingpermit,the Applicantshallsubmit aHealth Project _CityofWest Prior to issuance of a

and_SafetyPlansubjecttoreviewsandapproval_bythe_CityofWest Applicant Hollywood _{grading permit} Hollywood_BuildingOfficial.Theprogram shallbeconsistent withlocal, _{Building Official}

State, and federal regulations and shall encompass all subsurface soil

disturbance and groundwater activities. The Health and Safety Plan shall

Resolution No. 14- 4599 Page 13 of 23

Attachment A: Mitigation Monitoring and Reporting

Timing for Standard

Responsible _Approving Condition or StandardConditionsandMitigation Measures Party Agency Mitigation Measure

A summary of all potential risks to construction workers, monitoring programs, maximum exposure limits for all site chemicals, and emergency

procedures;

The identification of a site health and safety officer;

Methods of contact, phone number, office location, and responsibilities of the site health and safety officer;

Specification that the site health and safety officer shall be contacted

immediately by the construction contractor if evidence of soil or

groundwater contamination is encountered during site preparation and

construction; and

Specification that the Los Angeles County Fire Department( LACFD) shall

be notified if evidence of soil contamination is encountered and the Regional

Water Quality Control Board shall be notified if groundwater contamination

is encountered.

MitigationMeasureHAZ-4: _Duringconstructionactivities,theApplicantshall_{immediatelynotify}the Project _CityofWest _{During construction}

CityofWestHollywood_BuildingOfficialandtheLosAngeles_County Applicant Hollywood activities

Fire Department( LACFD), HealthHazardous MaterialsDivision, _{Building Official} Division Chief, if_anyunknownsubstances or_{potentially hazardous} and the LACFD

materials are encountered. The County Health Hazardous Materials Division Chief shall determine the appropriate procedures for handling

and disposal of the materials in accordance with local, State, and federal

F jtion No. 14- 4599 Piayd 14 of 23

Attachment A: Mitigation Monitoring and Reporting

Timing for Standard

Responsible _Approving Condition or StandardConditionsandMitigation Measures Party Agency Mitigation Measure

4.8 Hydrology and Water Quality

Mitigation Measure HY-1: Priorto_dewateringactivities_duringconstruction,theApplicantshall Project _CityofWest _{Prior to dewatering}

obtaincoverage undertheWaste Discharge Requirements for Discharges Applicant/ Hollywood _{activities during}

ofGroundwater from ConstructionandProject_DewateringtoSurface _Construction

City construction

Waters in Coastal WatershedsofLos AngelesandVenturaCounties

Engineer/City of

Order No. R4- 2008- 0032, National Pollutant Discharge Elimination

contractor

Los Angeles System No. CAG994004) or subsequent permit. This shall include

submission of a Notice of Intent for coverage under the permit to the Los

Angeles Regional Water Quality Control Board at least 45 days prior to the start of dewatering preparation and preparation and implementation

of a Storm Water Pollution Prevention Plan( SWPPP), subject to the

review and approval of the City of West Hollywood City Engineer. The

Applicant shall provide the Waste Discharge Identification Number to

the City of West Hollywood to demonstrate proof of coverage under the

permit. The construction contractor shall comply with all applicable provisions in the permit, including water sampling, analysis, and

reporting of dewatering- related discharges.

Mitigation MeasureHY-2: Priortoissuanceof a_buildingpermit,theApplicantshall submit a plan Project _CityofWest Prior to issuance of a fsubjecttoreview and approval_bythe_CityofWestHollywood_City Applicant Hollywood_{City building permit}

Engineer, toensureimplementationand_ongoingmaintenancefor Engineer

permanent Best Management Practices( BMPs) consistent with Chapter

15.56 of the Municipal Code, which requires compliance with the storm water mitigation measures prescribed in the current version of the

Standard Urban Storm Water Mitigation Plan( SUSMP) and the current Municipal National Pollution Elimination System( NPDES) Permit

approved by the Regional Water Quality Control Board— Los Angeles

Region. This plan shall include a statement from the Applicant accepting

responsibility for all Structural and Treatment Control BMP maintenance until the time the property is transferred. All future transfers of the

property to a private or public owner shall have conditions requiring the

recipient to assume responsibility for the maintenance of any Structural

or Treatment Control BMP. The condition of transfer shall include a

provision requiring the property owner to conduct a maintenance inspection at least once a year and retain proof of inspection. In addition,

educational materials indicating locations of storm water facilities and

Resolution No. 14- 4599 Page 15 of 23

Attachment A: Mitigation Monitoring and Reporting

Timing for Standard

Responsible _Approving Condition or Standard ConditionsandMitigation Measures _{Party Agency} Mitigation Measure

4. 9 Land Use and Planning

The proposed project would not result in significant adverse impacts related to land use. No mitigation is required.

4. 10 Noise

Standard ConditionsNOI- 1: TheApplicantshalladhere tothe_followingstandardconditionsas Project _CityofWest _{During construction}

required_bythe_CityofWest Hollywoodforon-site operations: Applicant Hollywood/ activities

Construction

Loadingor_unloadingactivities arelimitedto8: 00a. m.to_{10: 00 p.}m.; Contractor

Commercial activities may not be plainly audible at any residence between

10: 00 p.m. to 8: 00 a.m.; and

Ambient noise levels may not be increased by commercial activities more

than 5 decibels( dB) with a 70 A-weighted decibels( dBA) maximum.

MitigationMeasure NOI-1: Priortoissuanceofdemolitionor_gradingpermits,theApplicantshall Project _CityofWest Prior to issuance of submit_gradingandconstructionplans subjecttoreviewand approval_by Applicant Hollywood _{demolition or grading}

the_CityofWest Hollywood_BuildingOfficial. Theplans shallincludea _BuildingOfficial permits

condition that the construction contractor shall implement the following

during construction activities to reduce potential construction noise impacts on nearby sensitive receptors:

During all site excavation and grading, the construction contractors shall

equip all construction equipment, fixed or mobile, with properly operating

and maintained mufflers consistent with manufacturers' standards.

The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the

project site.

The construction contractor shall locate equipment staging in areas to create the greatest distance between construction- related noise sources and noise-sensitive receptors nearest the project site during all project construction.

Mitigation MeasureNOI-2: Priorto issuanceofdemolitionor_gradingpermits,theApplicantshall Project _CityofWest Prior to issuance of

submitfinal gradingandconstructionplanssubjecttoreview and Applicant Hollywood _{demolition or grading} approval_bythe_CityofWest Hollywood_BuildingOfficial. Theplans _BuildingOfficial permits

shall include a condition that the construction contractor shall implement

one or more of the following measures during construction to reduce pile-driving noise impacts:

Use of a resilient yet stiff shock- absorbing pad between the ram and the pile cap( 3 to 5 A-weighted decibels[ dBA] reduction);

Use of a sound muffler on the pile rig to reduce the hammer' s air exhaust

F Jtion No. 14- 4599 Para 16 of 23

Attachment A: Mitigation Monitoring and Reporting

Timing for Standard

Responsible Approving Condition or Standard ConditionsandMitigationMeasures _{Party Agency} Mitigation Measure

Use of sound damping materials across the web of each pile driver to reduce

the ringing sound of steel piles( a 3 to 5 dBA reduction); and/ or

Use of cast- in-place/ cast in drilled hole( CIDH) or auger cast piles for a pile-supported transfer slab foundation system.

Mitigation MeasureNOI-3: Priortoissuanceof_buildingpermits,theApplicantshall submitthe Project _CityofWest Prior to issuance of

buildingplans subjecttoreview and approval_bythe_CityofWest Applicant Hollywood _{building permits}

Hollywood_BuildingOfficialtoensurethat the_followingitemsare _{Building Official}

included in the plans to reduce noise levels within the development to an

acceptable level:

Building facade upgrades consisting of double-paned windows with a minimum rating of( sound transmission class) STC- 30 shall be required for

bedrooms in the frontline dwelling units along Santa Monica Boulevard( a 5dBA reduction to an interior noise level of 41 dBA Community Noise

Equivalent Level[ CNEL]);

Building facade upgrades such as double-paned windows with a minimum rating of STC- 30 shall be required for bedrooms in the frontline dwelling units along Melrose Avenue( a 5 dBA reduction to an interior noise level of

41 dBA CNEL);

Air-conditioning systems, a form of mechanical ventilation, shall be required

for dwelling units along Santa Monica Boulevard and Melrose Avenue; and Patios and balconies located within the 65( A- weighted decibels) dBA

Community Noise Equivalent Level( CNEL) noise contours of Santa

Monica Boulevard and Melrose Avenue shall require sound barriers, such as

a combination concrete/ Plexiglas or glass wall. Units with patios and

balconies along Santa Monica Boulevard and Melrose Avenue shall require

5- foot-( ft) high barriers to meet the exterior noise standard( a 5 dBA

reduction to an exterior noise level of 65 dBA CNEL).

4. 11 Population and Housing

The proposed project would not result in significant adverse impacts related to population, employment, or housing. No mitigation is required.

4.12 Public Services and Utilities

The proposed project would not result in significant adverse impacts to public services and utilities. No mitigation is required.

4. 13 Recreation

The proposed project would not result in significant adverse impacts to recreation. No mitigation is required.

4. 14 Transportation and Circulation

Standard Condition TR-1: Priortoissuanceof_buildingpermits,theApplicantshall submitthe Project _CityofWest Prior to issuance of

accessdesignand_parkingstructuredesignfortheproposed project, Applicant Hollywood _{building permits}

Resolution No. 14- 4599 Page 17 of 23

Attachment A: Mitigation Monitoring and Reporting

Timing for Standard

Responsible _Approving Condition or Standard ConditionsandMitigation Measures _{Party Agency} Mitigation Measure

CommunityDevelopmentDirector. Development

Director

MitigationMeasure TR-1: Priortoissuanceof_gradingpermits,theApplicantshallsubmit a Project _CityofWest Prior to issuance of ConstructionProgramandMitigationPlansubjecttoreview and Applicant Hollywood _{grading permits}

approval_bythe_CityofWest Hollywood_CommunityDevelopment _Community Director.Thisplan shallincludeconstruction managementtechniquesfor Development

theproposed project_duringtheconstruction period and road operation Director

provisions to minimize peak-hour traffic impacts, consistent with the detailed recommendations provided in the Traffic Impact Analysis.

As part of the Construction Program and Mitigation Plan review and approval, the City shall consider the construction schedules and plans for

other projects in the study area to determine if changes need to be made

Resolution No. 14- 4599 Page 18 of 23

ATTACHMENT B

Melrose Triangle Project

Statement of Overriding Considerations

Pursuant to CEQA Section 21081( b) and the CEQA Guidelines Section 15093,

the City of West Hollywood has balanced the benefits of the proposed Melrose

Triangle

Project against unavoidable adverse Traffic/ Circulation and

Cultural

Resources impacts associated with the proposed project and has adopted all

feasible mitigation measures.

_{The City of West Hollywood has also examined}

three alternatives to the proposed project in the EIR, and as indicated therein, the

No Project/ No Development Alternative is considered environmentally superior.

However, the No Project/ No Development Alternative is not consistent with goals

and policies of the City' s General Plan nor does it achieve any of the project

objectives. As specified in the CEQA Guidelines, if the No Project/ No

Development Alternative is environmentally superior, the EIR shall also identify

an _{environmentally} superior alternative _among the other alternatives. Of the other alternatives considered, the Reduced Project / Historic Resource Avoidance ( Alternative 3) would be superior to the proposed project.

By including a reduced project size, and avoiding demolition of the building at

9080 Santa Monica Boulevard, this Alternative would avoid significant project

and cumulative impacts related to the demolition of a potential historic resource

as well as significant adverse impacts at the intersection of Foothill Road and

Santa Monica Boulevard, and adverse cumulative impacts at the intersections of

Doheny

Drive and Santa Monica Boulevard,

and Doheny Drive and Beverly

Boulevard.

Alternative 3 would achieve some of the project objectives such as providing

housing

units, 20% of which would be

_{inclusionary,}

but would not utilize the

existing parcels to their full potential, and may not as fully enhance the area' s

overall urban character. Alternative 3 would not result in a cohesive site design or

achieve the General Plan's vision for the

Gateway

Bonus area,

_{including high}

levels of open space, pedestrian walk through areas, and the location of

additional height above 55- feet toward the Santa Monica Boulevard portion of the

site.

Alternative 3 is infeasible as an alternative or a mitigation measure because it is

inconsistent with the project objectives. While Alternative 3 would allow for the

proposed mix of uses, this alternative would eliminate and disrupt the project's

1 _{California Code of Regulations, Title 14, Division 6, Chapter 3, State CEQA Guidelines, Section} 15126.2(d)(2).

Resolution No. 14- 4599 Page 19 of 23

critical design elements, which are set out in Objectives 2, 5, 7, 8, 9, 13, 14, and

16. The building at 9080 Santa Monica Boulevard is located in the center of the

project site, fronting Santa Monica Boulevard. Designing the project around the

building would result in an interrupted design frontage along Santa Monica

Boulevard.

_{The different design styles of the existing and proposed buildings}

would necessitate construction of smaller, disjointed structures on the site to

accommodate the _existing

_building.

_{Not only would the building disrupt the}

cohesive frontage design on Santa Monica Boulevard, bu options for redesign

and reconfiguration of the project are limited by the triangular-shaped lot and

location of this parcel at the juncture of three roads (Santa Monica Boulevard,

Melrose Avenue, and

_Doheny

Drive). In other words, this project site is different

from other projects that _{may have} redesigned around an historic structure. It

would be speculative to suggest that a redesign would be simple given the shape

of the site, all of the City' s development standards and the project objectives.

Rather,

_{the record demonstrates that Alternative 3 is infeasible as being}

inconsistent with the project objectives and critical design features. Thus, the

project has incorporated all feasible mitigation measures.

After _examining the alternatives,

_{the City has determined that adoption and}

implementation of the proposed project is the most desirable, feasible, and appropriate action.

Significant Unavoidable Impacts

Based on the information and analysis set forth in the Final EIR and the record of

proceedings,

2

construction of the proposed project will result in significant Historic

Resources and Traffic/ Circulation impacts.

1. Cultural Resources

The Project could result in a significant adverse impact due to the loss of a

building that has been identified as eligible for listing as a historic resource at the

state and local levels.

_{Impacts to the building located at 9080 Santa Monica}

Boulevard would remain significant and unavoidable even after implementation of

Mitigation Measures CULT- 4 and CULT- 5. Other than avoiding this impact by not

implementing

the Project,

no mitigation is possible to completely reduce the

adverse impacts on the proposed project on the resource to below a level of

significance. Therefore, the Project impacts related to historic resources would

remain significant and unavoidable after mitigation. In addition, this significant

and

unavoidable adverse

impact would' contribute to a cumulative adverse

impact related to the loss of potential historic resources in the City.

2. Traffic/ Circulation

The Project would result in a significant unavoidable adverse impact at the

intersections of

_Doheny

Drive / Elevado Avenue,

Doheny

Drive / Santa Monica

2 The West Hollywood City Clerk is the custodian of the record of the proceedings, available at West

Resolution No. 14- 4599 Page 20 of 23

Boulevard,

_Doheny

Drive /

_Beverly

Boulevard and Foothill Road / Santa Monica

Boulevard. Due to the right-of-way constraints that prevent widening of roadways

or _adding additional travel and/ or turn lanes,

_{or because the widening and/ or}

addition of lanes is not expected to reduce delays, feasible mitigation is not

available to address these impacts. Therefore, impacts at these four intersections

would remain significant and unavoidable with implementation of the Project.

Project Benefits

The City has analyzed the project's benefits against the significant unavoidable

impacts.

_{The City finds that the project's benefits outweigh the project' s}

significant unavoidable impacts, and those impacts, therefore, are considered acceptable in light of the project' s benefits.

_{The City finds that each of the}

following

benefits is an _overriding consideration, independent of the other

benefits,

that warrant approval of the project notwithstanding the project' s

significant unavoidable impacts to cultural resources and traffic/ circulation. The

proposed project would provide public benefits described below.

Implementation of General Plan Goals and Objectives

This project will implement many of the existing General Plan goals of the City of

West Hollywood.

_{Among them:}

Policy

LU1.3 — Encourage new development to enhance the pedestrian

experience. The proposed project features improvements to the

pedestrian experience that include a double row of street trees along

Santa Monica Boulevard; a pedestrian paseo through the project site that

is open to the sky and connects Santa Monica Boulevard and Melrose

Avenue; pedestrian-friendly scale and uses at the ground level of all street

frontages on all three buildings and

_{new technology in intersection}

sensors that will increase efficiency of crossings for pedestrians and

bicycles at the

_Doheny

Drive / Santa. Monica Boulevard and Almont Drive /

Santa Monica Boulevard intersections.

Policy

LU 1. 13 — Seek to reduce the demand for motorized transportation

by supporting land use patterns that prioritize the pedestrian, bicycle, and

transit mobility options, and mixed-use development. The project, which is

a mixed- use development, provides for pedestrian and bicycle

enhancements such as the aforementioned signal sensor technology at

nearby intersections; a pedestrian paseo through the site, _connecting

Santa Monica and Melrose; and the continued location of a transit bus

stop near the Santa Monica Boulevard /

_{Doheny Drive intersection.}

Furthermore, the site includes Transportation Demand Management

aspects such as bicycle parking for patrons, employees, and residents, as

well as designated van- and carpool parking areas.

Policy

ED 5.1—

_{Strive to attract a variety of fashion, arts, design, and other}

complementary businesses to locate in the City. The project includes

approximately 16, 400 square feet of new art gallery space, 12, 300 square

feet of new design showroom space, and 137, 000 square feet of office

Resolution No. 14- 4599 Page 21 of 23

space that has been designed to appeal to creative office users.

Furthermore,

because of its location

adjacent to the West Hollywood

Design District, these uses will help maintain the continuity of the creative

industry in West Hollywood.

Policy

H4. 1 —

Encourage and provide incentives for the development of

housing

in mixed-use and transit-oriented developments. The project

includes the inclusion of both market- rate and affordable housing units

within a mixed- use development and in proximity to bus routes along Sana

Monica Boulevard and Melrose Avenue.

Vision 2020 Strategic Plan

According

to the 2020 Strategic Plan (

_{Strategic Plan) the City has five Primary}

Strategic Goals and 14

_Ongoing

Strategic Programs.

_{The following two Primary}

Strategic Goals are promoted

_by

the proposed project: 1)

_{Maintaining the City' s}

Unique Urban Balance with Emphasis on Residential Neighborhood Livability;

and 2) Affordable

_{Housing (}

enhancing affordable

_housing

opportunities). Also,

the proposed project is consistent with three of the Ongoing Strategic Programs:

1)

_{Promote economic development while maintaining business vitality and}

diversity; and 2) Upgrade existing buildings and infrastructure.

Community Benefits

Some of the community benefits provided by the proposed project include the

following:

1. AFFORDABLE HOUSING

The creation of affordable housing has been an important objective for

the City of West Hollywood since its incorporation in 1984. For the period

of time between 2013 and 2021, the Southern California Council of

Governments' Regional Housing Needs Assessment has identified the

need for 77 housing units within the City. The project would provide 76

total units, including 8 low- and 8 moderate- income inclusionary units. The

provision of 16 affordable housing units would assist in meeting the City' s

current Regional Housing Needs Assessment allocation.

2.

TAX GENERATING USES

The project would provide _{approximately} 219, 000 square feet of commercial space,

_including

restaurant, retail, art _{gallery, design} showroom, and office uses.

These commercial uses would provide

long-term tax revenue for the City.

3. MIXED- USE DEVELOPMENT

The proposed project would construct 76 residential rental units, including

Resolution No. 14- 4599 Page 22 of 23

commercial space. By virtue of being in a mixed- use development, and

because of the site location within the City, residents of the site will be

able to satisfy many needs and services within walking distance including

shopping,

dining,

entertainment, and civic activities ( park,

library,

etc). The

project location will also enable residents to utilize bus transportation

along east/west lines _along Santa Monica Boulevard, and north/ south along San Vicente Boulevard,

roughly a one- quarter- mile walk from the

site. Furthermore, the commercial portion of the development is expected

to draw patrons from nearby residential areas, thereby creating a more

convenient and pedestrian-

_friendly

urban environment for _existing

community- members.

4.

WESTERN GATEWAY TO THE CITY

The location of the project at the western border of the City of West

Hollywood and Beverly Hills is an important site, and has been identified

as a location on which the

City

desires to have an iconic "

Gateway"

building, welcoming visitors, residents, and passersby to the City of West

Hollywood.

Because the City is located in a continuous built-out and

urbanized region, the importance of creating a sense of place within the

City, and identifying its neighborhoods as incubators of creative arts and

design cannot be overlooked. The opportunity for iconic architecture on

the project site has been captured by the proposed design. Once built, the

new development will effectively communicate the transition into both the

West Hollywood Design District along Melrose Avenue and the City as a

whole along both Melrose Avenue and Santa Monica Boulevard.

Conclusion

The proposed project represents a balance between several competing needs in

the

_City

of West Hollywood,

including providing for new affordable housing,

generating long- term tax revenue for the City, and creating a high- quality

multi-use development located at a major _{gateway to the}

City. After balancing the

specific economic, legal, social, technological, and other benefits of the proposed

project, the

_City

Council has determined that the unavoidable adverse

environmental impacts identified may be considered acceptable due to the

specific considerations listed above which offset the unavoidable, adverse

environmental impacts that will be caused by implementation of the project.

Recognizing that significant unavoidable impacts from the demolition of a

potentially historic resource and additional traffic and circulation will result from

implementation of the proposed project, the City adopts the following Statement

of

_Overriding

Considerations.

Having adopted all feasible mitigation measures

and recognized all unavoidable significant impacts,

the City hereby finds that

each of the separate benefits of the proposed project, as stated herein, is

determined to be unto itself an _overriding consideration, independent of other

benefits,

that warrants approval of the proposed project and outweighs and

Resolution No. 14- 4599 Page 23 of 23

the Melrose Triangle Mixed Use Project. Based on the foregoing findings and the

information contained in the record, it is hereby determined that:

a.

All significant Aesthetics, Air Quality, Paleontological Resources, Geology

and Soils, and Hazards and Hazardous Materials, Hydrology and Water

Quality,

and Noise effects on the environment due to approval of the

project have been eliminated or substantially lessened where feasible; and

b.

_Any

_remaining significant Cultural Resources and Traffic/ Circulation

effects on the environment found to be unavoidable are acceptable due to

the factors described in the Statement of Overriding Considerations