R-9888
RESOLUTION NO, 9888 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA MAKING FINDINGS
NECESSARY TO APPROVE THE BUBBA GUMP SHRIMP COMPANY PROJECT,
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION, AND
ADOPTING A MITIGATION MONITORING PLAN
WHEREAS, an Environmental Impact Report has been prepared which analyzes
the environmental effects of the Bubba Gump Shrimp Company Project; and
WHEREAS, a Notice of Preparation of an Environmental Impact Report was
issued in August 2002; and
WHEREAS, a Notice of Completion of a Draft Environmental Impact Report was
published in April 2003; and
WHEREAS, the Draft Environmental Impact Report was circulated for a 45-day
period; and
WHEREAS, in June 2003, the Final Environmental Impact Report was published;
WHEREAS, the City Council as Lead City Agency reviewed the Final
Environmental Impact Report in full compliance with State and City CEQA Guidelines;
and
1
WHEREAS, on September 9, 2003, the City Council certified that
Environmental Impact Report was prepared in full compliance with State and City CEQA
Guidelines;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1 Consistent with Article IV, Section 12 of the City of Santa Monica
CEQA Guidelines and Section 15128 of the State CEQA Guidelines, the Initial
Study/Notice of Preparation determined that the following environmental impacts were not
considered potentially significant and were not addressed further in the
Environmental Impact Report: Geology and Soils, Shadows, Utilities/Service Systems,
Hazards and Hazardous Materials, Air Quality, Biological Resources, Mineral Resources,
Hydrology and Water Quality, Public Services (schools and parks), Economic and Social
Impacts, Land Use and Planning, Population and Housing, Recreation, Agricultural
Resources and Noise,
SECTION 2, Consistent with Article VI, Section 12 of the City of Santa Monica
CEQA Guidelines and Sections 15091 and 15092 of the State of California CEQA
Guidelines, and as detailed in the Final EIR at Section 3.A, the City Council finds that
there are no significant impacts for aesthetics,
SECTION 3. Consistent with Article VI, Section 12 of the City of Santa Monica
CEQA Guidelines and Sections 15091 and 15092 of the State of California CEQA
Guidelines, the City Council finds that most impacts resulting from the project can be
reduced to a level that is less than significant. More specifically, significant environmental
effects, as identified in this Section below, can feasibly be eliminated or substantially
2
reduced to below a level of significance.
(a) The final EIR determined that without mitigation the proposed project could
result in significant adverse impacts during the construction period. Consistent with
Article VI, Section 12 of the City CEQA Guidelines and Section 15091 and 15092 of the
State of California CEQA Guidelines, and as detailed in the Final EIR at Section 3.0, the
City Council finds that the following mitigation measures have been required in the project
which will avoid or substantially lessen the potential significant environmental effects
identified with respect to construction effects:
(1) Mitigation Measure 3.4-1: A temporary sound barrier shall be erected along the
project site boundary, such that the "line of sight" between construction activity
and the commercial/pedestrian uses on the Santa Monica Pier and beachgoers
is obstructed to the degree feasible, The sound barrier shall consist of a
plywood fence in the portion located on the Pier and chain link with plastic slats
or screening along the remainder of the construction area's perimeter, The
height of the fence in all locations shall be ten feet along the southern and
western boundaries, where the wall shall step down from the Pier deck to the
first level immediately adjacent to the access stairs, and shall be eight feet along
the eastern and northern boundaries,
(2) Mitigation Measure 3.4-2: A construction mitigation plan shall be submitted to
the City to minimize interruption of beach activities, including the use of the
bicycle path, emergency access, and public access to the beach and the Pier,
Details of this plan shall be approved by the City's Open Space Management
Division, Transportation Management Division, Environmental and Public Works
Management Division, Planning Division and Economic Development Division
and shall at a minimum include the following:
. A construction fence shall be erected around the project site along the
lease lines and staging areas and including up to 1/3 of the width of the
steps located immediately west of the project site, which may be included
in the construction site, The other 2/3 of the width of the steps shall remain
open and unobstructed for public use at all times. Such fence shall include
portals for viewing at eye level and the plywood fence to be installed along
the south elevation shall be decorated with a beach, ocean or amusement
park theme on all sides, All decoration shall be approved by the Pier
Restoration Corporation, This fence shall serve as both a temporary
screening device to reduce the visual distraction associated with
3
.
construction activities and equipment and as a barrier for public safety and
security purposes,
All work shall be staged from the beach level and not the Pier deck.
Equipment shall not be brought onto the Pier deck at any time, The City
Environmental and Public Works Management Division may allow the
contractor to work outside of the southern construction fence boundary on
or below the Pier deck if such activity is deemed necessary to complete
work to improve/repair the Pier sub-structure, The project contractor shall
be thoroughly informed of the weight and time limits on the Pier deck and
that all off-loading of construction materials be done from the 1550 PCH
parking lot to minimize disruption of regular Pier activities (Le" pedestrian
access, vehicular circulation, operation of commercial uses on the Pier),
The staging area shall be located on the beach to the north of the site, No
construction materials or equipment may be placed directly on the sand,
The applicant may use the existing wood deck on the beach, If this area is
insufficient to accommodate all materials, the applicant shall be required to
install additional wood deck area on the sand, Prior to issuance of a
Certificate of Occupancy, all preexisting deck materials shall be replaced
so that the deck and pedestrian path are restored at the same location and
in the same condition as they were prior to the demolition of the Boathouse
building, Notwithstanding the above, the applicant shall install the path
with a new design if requested to do so by the City, which shall be cost-
equivalent to the replacement in-kind of the path,
A temporary pedestrian path as shown on the applicant's proposed
mitigation plan shall be constructed north of the staging area to connect
the parking lot, beach and steps west of the site leading to the Pier deck
with the approval of the Open Space Management Division and relevant
State department(s), This path shall be removed when the existing
pedestrian path is replaced prior to issuance of a Certificate of Occupancy,
Fire lanes to the east of the site shall not be blocked by construction
equipment at any time, Construction equipment shall not be permitted to
be parked on the beach parking lots at any time.
The Santa Monica Pier sign located north of the project site over the
pedestrian walk shall remain in its current location during construction and
shall be wrapped within a solid frame to protect it from damage to the
satisfaction of the City of Santa Monica City Planning and Community
Development Department. City Planning and Community Development
Department staff shall verify that the sign is intact and in good condition
prior to issuance of a Certificate of Occupancy,
Signage for public convenience shall be posted as deemed necessary by
the City,
After 9:00 A.M, Monday through Saturday, equipment shall only be allowed
to be moved across the bike path five times daily for a maximum of two
minutes per interruption, '
All required permits shall be obtained from Los Angeles County authorities
prior to any interruption to the bike path,
.
.
.
.
.
.
.
4
Movement of equipment across the bike path shall require intermittent
traffic control at the applicant's expense, subject to determination by the
City's Police Department.
(b) The final EIR determined that without mitigation the proposed project could
result in significant adverse impacts to Cultural Resources, Consistent with Article VI,
Section 12 of the City CEQA Guidelines and Section 15091 and 15092 of the State of
California CEQA Guidelines, and as detailed in the Final EIR at Section 3,8, the City
Council finds that the following mitigation measure has been required in the project which
will mitigate or reduce the impact of the project on Cultural Resources to below a level of
significance:
(1) Mitigation Measure 3.2-1: Consistent with the Secretary of the Interior's
Standards, the proposed project development on and adjacent to the Santa
Monica Pier shall be differentiated from the old structure and shall be compatible
with the historic materials, size, scale, proportions, massing, context, design,
color, and texture of the Pier and its environment. In addition, the new building
shall retain the same orientation as the prevailing buildings in relationship to the
Santa Monica Pier; that is, the front of the building shall face south and the rear
of the building shall face north,
(c) The final EIR determined that without mitigation the proposed project could
result in significant adverse impacts related to Neighborhood Effects during the
construction period, Consistent with Article VI, Section 12 of the City CEQA Guidelines
and Section 15091 and 15092 of the State of California CEQA Guidelines, and as
detailed in the Final EIR at Section 3,E, the City Council finds that each of the mitigation
measures specified in Section (a) above will mitigate or reduce the impact of the project
on the surrounding neighborhood to below a level of significance,
SECTION 4, Consistent with Article IV, Section 12 of the City of Santa Monica
CEQA Guidelines, the City Council finds that the project contributes vehicle trips to the
intersection of Ocean and Colorado Avenues, These trips are cumulatively significant
5
when considered together with the proposed Pier Ramp project, a City project that is
currently budgeted and thus considered a reasonably foreseeable future project.
However, the Pier Ramp project is not sufficiently developed for environmental analysis at
this time. Therefore, it is not possible to identify a specific mitigation measure for the
proposed restaurant's contribution that would mitigate this impact below a level of
significance and could be incorporated into approval of this project. Nevertheless, these
impacts are found to be acceptable due to overriding considerations as discussed in
Section 6.
SECTION 5, The Final EIR identified the Reduced Density Project as the
environmentally superior alternative because it would have less traffic impacts than the
proposed project and the other alternative to reuse the existing building, However, the
Reduced Density Project alternative is not a feasible alternative due to economic
considerations, The cost of demolition of the existing building and new construction
would not be economically justified unless the restaurant is built with sufficient seating
and preparation area as proposed Furthermore, the applicant could not undertake the
Reuse Alternative, because bringing this building up to the standards required for the
applicant's proposal would cost more than 50% of the building's replacement value, such
that the Building Code would require compliance with current Building regulations, As a
result, the construction would become similar to the Reduced Density Alternative, and
would not be economically feasible for the same reasons described above. Therefore,
the Reduced Density and Reuse alternatives are unlikely to be implemented, in which
case the project goal to revitalize the Pier with a visitor-serving use and architecturally
compatible building would not be met. Therefore, consistent with Section 15091 (a)(3) of
the State of California CEQA Guidelines, the Commission hereby finds that for specific
economic reasons, the project alternatives identified in the EIR are infeasible,
Additionally, the No Project alternative is not feasible because it would not achieve the
6
project objective of revitalization of the Pier with a visitor-serving use,
SECTION 6, The Final EIR found that the project would result in significant
unavoidable adverse impacts upon traffic when considered cumulatively with foreseeable
City projects, in particular the Pier Ramp project. 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 Overriding Considerations and finds that
the benefits of the project outweigh its unavoidable environmental impacts based on the
following reasons:
(a) The proposed project will provide a competitively priced, children-friendly,
family-style restaurant that will replace a deteriorating unused structure and
contribute to the development and aesthetic improvement of the Santa
Monica Pier,
(b) The proposed project will include the construction of an elevator that will
provide disabled access to the Pier deck level from the beach, and will have
exterior access during daytime hours and interior access after dark. No other
elevator between these two regional recreational uses currently exists,
(c) The project will provide significant direct fiscal benefits to the City including
increased sales tax revenues, since there is currently no active use of the
site, and indirect benefits through adding to the attraction and amenities of
the Santa Monica Pier,
(d) The project will create both temporary and permanent jobs, as well as
generate sales tax revenues for the City,
7
(e) The project includes a public notice board on the south elevation that will
provide a public service by making information on City and Pier events
available to Pier visitors.
SECTION 7. Consistent with Section 21081,6(d) of the California Environmental
Quality Act, the documents that 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
Associate Planner Elizabeth Bar-EI, AICP,
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:
~
C:\Documents and Settings\Claudia_t\Local Settings\Temp\EIR CC Overriding Considerations Reso.doc
8
Adopted and approved this 9th day of September, 2003.
~~~
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify
that the foregoing Resolution No, 9888 (CCS) was duly adopted at a meeting of
the Santa Monica City Council held on the 9th day of September, 2003, by the
following vote:
Ayes:
Council members: Feinstein, Katz, Genser, Holbrook, O'Connor,
Mayor Pro Tem McKeown, Mayor Bloom
Noes:
Council members:
Abstain:
Coundlmembeffi: None
Absent:
Council members:
ATTEST:
.......
~~.
~
9