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SR-6-F (110)LUTM:PB:SF/E3R90007.WORD.PPD Council Mtg: May 26, 1992 TO: Mayor and City Council FROM: City Staff ~ ~ Santa Monica, California rl~l~ ~ ~ ;~d~ SUBJECT: Certification of 5tatement of Official Action for Appeal o~' the Approval of Final EIR #90-007, Development R~view Permit #91-006, Reduced Parking Permit #91-008, Zoninq Ordinance Text Amendments #91-006 and #91-007. INTRODUCTIOPF This report transmits for City Council certification the Statement of Official Action for the appeal of the Pier development project. The appeal was made by Diane Simpson. on April 28, 1992, the Council denied the appeal and approved the project based on the findings and conditions contained in the attached Statement of Officia3 Action. BUDGET/FINANCIAL IMPACT This recommendation will not have a budget or financial impact. RECOMMENDATION It is respectfully recommended that the City Council approve the attached Statement of Official Action. Prepared by: Suzanne Frick, Planning Manager Attachment: A. Statement of Official Action dated 04/28/92. ~R~ r'i~{~r ! ~ ~d~y~ - 1 - CITY COUNCIL STATEMEPIT OF OFFICIAL ACTION PROJECT: Santa Monica Pier Development Praject NUMBER: See below LOCATION: Santa Mon~ca Pier and 1550 Pacific Coast Hwy. APPLICANT: Pier Restoration Corporation CASE PLANNER: Suzanne Frick REQUEST: Certification of Final EIR #g0-007 Approval of Development Review Permit #91-006 for Revised Project Appraval of Reduced Parking Permit #91-008 Approval of Zoning Ordinance Text Amendments #9].-006 and #91-007 CITY COUNCIL ACTION 4~28~92 Date. X Approved based on the following findings and subject to the conditions attached. Denied. Other. EXPIRATION DATE(S) OF ANY PERMITS GRANTED: 4-28-94 Case #~R 91-006 4-28-94 Case #RPP 91-008 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S) 4-28-95 Case #DR 91-006 4-28-95 Case #RPP 91-008 - 1 - Findings for the Certification of the Final Environmental Impact Report on the Pier Devalopment Pro]aCt See Attachment A Conditions on the Certification of the Final Environmental Impact Report on the Pier Development Project Revise the third mitigation measure in the Final EIR, Section B, page IV-B-11 on Earth to read as follows: " The two Underground Storage Tanks (USTS) shall be removed in compliance with all applicable regulations of the City of Santa Monica, the South Coast Air Quality Management District, and the Los Angeles County Department of Health Services." Add the following mitigation measure in the Final EIR, Section E, page IV-E-8 on Noise: Ro11er coaster rides sha11 be designed to require and use plastic wheels on metal rails." Add the following language on page III-F-1, ReZated Projects: The Aquarium project, proposed to be located on the City owned Deauville site, is the subject of a development agreement application, and has not yet completed CEQA analysis or been appravad by any City agency. Although related projects currently under environmental review qualify as probable future projects to be inaluded in a cumulative ana~ysis, the Aquarium project was not included in tha cumulative analysis for the Pier Development Project for the following reason. The Aquarium project under environmental review was proposed to be built on the Deauville site. The Pier Development Project also proposes to utilize the City-owned Deauville site, but for parking purposes. Thus, the grojects are mutually exclusive. Approval of the Pier project with parking on the Deauville site would render the Aquarium project no longer viable at that site. Thus, if the anticipated environ~ent effects of the Aquarium project had been included in the cumulative analysis of the Pier projact, the resulting analysis would have erroneously oversta~ed cumulative effects." Modify the pol~ce staffinq mitigation measure to be consistent ~aith the staffing levels presented by the Cheif of Police and approved by the City Council. VOTE: Yes: Abdo, Holbrook, Katz, Vasquez, Zane No: Genser, 01sen Abstain: 0 Absent: 0 - 2 - Findinqs for the Developmant Review Permit #91-006 fox Revised Project Consistinq of the Fun Zone and Parking Lot =mprovements 1. The physical location, size, massing, and placement of proposed structures on the site and the location of proposed uses within the project are compatible with and relate harmoniously to surrounding sites and neighborhoods, in that the design elements retain the historic and unique qualities of the Pier and that the uses emphasize the role of the Pier in the community. 2. The rights-of-way can accommodate autos and pedestrians, including parking and access, in that specific mitigation measures have been designed to improve traffic and circulation in the Pier area have been required as conditions of approval. 3. The health and safety services {police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodate the new development, in that specific mitigation measures have been developed and have been required as conditions of approval. 4. The project is generally consistent with the Municipal Cade and General Plan, in that, upon the approva~ of the text amendment required to allow additional liqhting on Fun Zone rides, the Final EIR found that the revised project without the Central Plaza and 1640 Appian Way parking structure is consistent with the Municipal Code and General Plan. 5. Reasonable mitigation measures have been included for all adverse impacts identified in the Environmental Impact Report, in that with the i~plementation of all the required mitigation measures the projec~ will result two unavoidable significant traffic impacts. 6. The project will revitalize the City-owned Pier in a way that preserves its unique character and at the same time serves the current and future needs of the community. The project will provide: (a) increased public parking; (b) year round recreational opporCunities; {c) extanded nighttime and multi-season uses; (d) circulation and access improvements to the area around the Pzer; (e) uses that will attract and serve visitors from a broad range of income groups and lifestyles; (f) design elements that retain the historic and unique qualities that distinguish the Santa Monica Pier from other piers and commercial enterprises; (g) uses that will emphasize the role of the Pier in the community, and - 3 - (h) increased revenues to the City while encouraging increased public access at the Pier. Canditions for the Revise8 Project Consisting of the Fun Zons and Parkinq Lot improvements Plans l. This approval is for those plans included in thQ Final E~R, a copy of which shall be maintained in the fi~es of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. 2. The Plans shall compZy with all other provisions of Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica except as amen- ded for this project. Minor amendments to the plans shall be subject to approval by the Director p~ Planning. A significant change in the approved concept sha11 be subject to Planning C4mmzssion Review. Construction shall be in conformance with the plans submitted or as modified by tha P~anning Commission, Landmark Commission, Architectural Review Board or Direc- tor of Planning. Landmarks Commission 4. Plans for final design, landscaping, screening, trash en- closures, and signage for the Fun Zone shall be subject to review and approval by the Landmarks Commission. Refuse areas, storage areas and mechanical equipment for the Fun Zone shall be screened in accardance with SMMC Section 9040.13-9040.15. Refuse areas shall be of a size adequate to meet on-site need, zncluding recyaling. The Landmarks Commission its review shall pay particular at- tention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to mini- mize noise and visual impacts to surrounding properties. Unless otherwise approved by the Landmarks Commission, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. construction 6. Unless o~herwise approved by the Depar~ment of General Services, all aidewalks shall be kept clear and passable during the constr~ction phase of the project. - 4 - 7. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as deter- mined by the Department of General Services shall be re- aonstructed to the satisfaction of the Department of General Services. Approval for this work shall be ob- tained from the Department of General Services prior ta issuance of the building permits. 8. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of General Services prior to issuance of a building permit. The ap- proved mitigation plan shall be posted on the construction site for the duration of the project construction and shall be produced upon request. As applicable, this plxn shall 1) Specify the names, addresses, telephone numbers and business license numbers of all contractars and sub- contractors as well as the developer and architect; 2) DescXibe how demolition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/construction; 4) Describe how much of the public street~ alleyway, or sidewalk is proposed to be used in conjunction with construction; 5) Set forth the extent and nature of any pile-driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the nature and extenti of any dewatering and its effect on any adjacent buildings; 8) bescribe anticipated construc- tion-related truck routes, number of truck trips, hours of hauling and parking location; 9} Specify the nature and extent of any helicopter hauling; 10) State whether any construction activity beyond normally permitted hours is propased; 11) Describe any proposed construction noise mitigation measures; 12) Describe construction-period security measures including any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14J Provide a construction-period parking plan which shall minimize use of pnblic streets for parking; 15) List a designated on-site construction manager. 9. A sign shall be posted on the property in a manner consis- tent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construotion period. 5aid sign shall also indicate the hours of permissible construction work. l0. A copy of these con3itions shall be posted in an easily vieible and accessible location at all times during con- struction at the project site. The pages shall be lami- nated or otherwise protected to ensure durability of the copy. Miscellaneous Conditions - 5 - lla. The operation shall at all times be conducted in a~anner not detrimental to surroundinq properties or residents by reason of lights, noise, activities, parking or other actions. llb. During the peak season, the Fun Zone hours of operation shall be limited to 10 a.m. to 10 p.m. Sundays through Thursdays. For all other periods, the hours shall be limited to 10 a.m. to 9 p.m. Sundays through Thursdays, and 10 a.m. to 12 midnight on Fridays, Saturdays and holidays. llc. The Fun Zone shall consist of no more than 70,000 square feet of Pier deck area and shall provide a maximum of twelve rides in additian to a maximum of 21 game booths and a maximum of 10 food booths. NQ less than six chil- dren's rides, and no more than six qeneral amusemant rides shall be located in the Fun Zone area. The Fun Zone shall have no more than one child's Ferris Wheel, one general amusement Ferris Wheel, and one roller coaster. lld. The general amusement Ferris Wheel shall not exceed 85 feet in height above the Pier deck. The roller coaster shall be limited to a maximum 3D foot drop in any one location. Validity of Permits 12. In the event permittee violates or fails to comply with any conditions of approval of this pern-it, no further per- mits, Iicenses~ approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 13. Within ten days of Plenning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement af Official Action prepared by the Planning Division, agreeing to the Condi- ~ions of approval and acknowledging tha~ failure to comply with such canditions shall cons~itute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant may possess regarding said conditions. The signed Statement shall be returned to the Planning bivision. Failure to comgly with this condition shall constitute grounds for potential permit revocation. 14. This determination sha1Z not become effective for a period of fotzrteen days from the date of determination or, if appealed, until a final determination is made on the ap- peaJ.. Any appeal must be made in the form required by the Zoning Administrator. The approval of this permit shall expire two years from the germit's effective da~e, unless, in the case of new development, a building permit has been - 6 - obtained. A one year extension may be permitted if ap- proved by the Director of Planning prior to the expiration of the two year period. Monitoring of Conditions 15. Pursuant to the requirements of Pub1iC ResouYCes Code Section 21081.6, the City Planning Division will coordinate a monitoring and reporting program regarding any required changes ta the project made in conjunction with project approval and any conditions of approval, in- cluding those conditions intended to mitigate or avoid significant effects on the environmant. This program shall include, but is not limited to, ensuring that the Planning Division itself and other City divisions and de- partments such as the Buildinq Division, the General Services Department, the Fire Depart~ent, the Police De- partment, the Community and Economic Development Department and the Finance Department are aware af project requirements which must be satisfied prior to issuance of a Building Permit, Certificate of Occupancy, or other permit, and that other responsible aqenoies are also in formed of conditions relating to their responsibilities. Project owner shall demonstrate compliance with conditions of approval in a written report submitted to the Planning Director and Building officer prior to issuance of a Building Permit or Certificate of Occupancy, and, as applicable, provide periodic reports regarding compliance with such conditions. CONDITIONS OF APPROVAL PER THE EIR MITIGATION MEASVRES Ear~h 1. During project construction, all grading shall be carefully observed, mapped and tested by he project engineer. AlI grading shall be performed under the supervision of a licensed engineering geologist and/or soils engineer in accordance with applicabie provisions of the Municipal Code to the satisfaction of the City Building and Safety Department. 2a. The project shall adhere to all applicable regulations regarding tank closure as mandated by the following agencies: City of Santa Monica Department of General Services, Water Department, and Fire Department, South Coast Air Quality Management District, and the Los Angeles County Department of Health Services. 2b. The twa Underground Storage Tanks (USTs) shall be removed in compliance with a11 applicable regulations of the City of Santa Monica, the South Coast Air Quality Managem~nt District, and the Los Anqeles County Department of HeaZth Services. Air ~ua3.ity - 7 - 3. Any stockpiles of soil, sand, and similar material shall be covered. 4. Construction equipment shall be shut off to reduce idling when not in direct use. 5. Low sulfur fuel shall be used for construction equipment. 6. Construction activities shall be discontinued during second stage smog alerts. Plant and Animal Life 7. In order to reduce potential adverse impacts on marine life, recyclable food service products and shopping bags shall be required for all bus inesses on the Pier. 8. Trash receptacles shall be lo cated throughout the Central Plaza and Fun Zone and along ~ the entire Pier. Trash receptacles shall be located no more than 25 feet from one another. Noise 9. Prior to the issuance of building permits, a construction plan shall be submitted to the City in sufficient detail to determine the duration of construction activities and the specific types of equipment to be used and their approximate location. Locations for compressors and pumps shall be specifically located. lo. The project shall comply with applicable City noise reguiations specified in the City Noise Ordinanca (Noise Ordinance Numbers 1406 CCS and 1458 CCS). lla. During construction, the project contractors shall muffle and shield intakes and exhaust, shroud and shield impact tools, and use electric-powered rather than diesel-powered construction equipment, as feasibZe. llb. Ro11er coaster rides shall be designed to require and use plastic wheels on metal rails. Light and Glare 12. Project lighting and building materials shaZl be built and/or installed in accordance with City of Santa Monica ardinances, standards and applicable requirements. 13. Exterior buizding surfaces shall be of a color, material and texture to reduce daytime glare. 14. Outdoor lighting shall ~e shielded and directed on-site and downward. - 8 - 15. Outdoor lighting shall be reduced or softened after peak hours, especially in restaurant areas and in the amusement areas after the Fun Zone has ceased operations. Outdoor lighting shall be restricted to security lighting between the hours of 2:00 a.m. and 6:00 a.m. 16. General night lighting of all public areas shall be a minimum level of four foatcandles and a maximum of eight footcandles. This standard shall be applied to lighting in all public parking lo~s and parking structures. 17. General night lighting of all nan-public service areas shal~ be a minimum level of two foatcandles and a maximum level of four footcandles. Right-of-Way/Public Access 18. The project shall comply with a11 State and City standards, codes and ordinances regarding the provision of access and parking to the qeneral public and ~he handicapped. 19. Pedestrian walkways through the parking lots shall be clearly delineated, and signage shall be posted to indicate the safest pathway to the Pier for pedestrians and warning motorists of those walkways. In additzon, the pedestrian access pathway from the Civic Center site through the Rand Corporation site shall be marked wi~h appropriate signage and tha stairs adjacent to the Moss Avenue pumping plant shall be well lighted. 20. Stop signs shall be placed where the driveways to the 1590 Appian Way parking lot and the 1440 Pacific coast Highway State parking lot cross the Promenade. In addition, appropriate markings and aross walks shall be xndicated and incorporated into the Promenade at those locations to provide a further indication of pedestrian traffic to motorists. 21. The 1550 Pacitic Coast Highway State paxking lot access road shall be widened to 8ccommodate a~otal of four traffic lanes, two inbound and two outbound, shall be provided at the entrance to the 1550 Pacific Coast Highway State parking Iot traffic control booth. The lanes shall be reversible, thereby permitting up to three lanes in one direction during peak periods. 22. Seaside Terrace between Ocean Avenue and Appian Way shall be striped with three lanes (a minimum street width of 36 feet would be required.) A six foot right-of-way sha11 be required from the parcel on tha north side of Seaside Terrace between Appian way and Seaside Terraae. Two lanes shall be provided in one direction and one in the othex to accommoda~e peak inbound and outbound traffic flows. The City parking and Traffic Engineer shall pprepare signal warrants at the intersection of Ocean - 9 - Avenue and Seaside Terrace to determine if a specially desiqned traffic siqnal should be installed to a~allow two lanes of traffic to enter southbound onto Ocean Avenue. The warrants shall be conducted within one year after the project is in operation. 23. Exiting (outbound) traffic shall be allowed to exit from 1440 directly onto sauthbaund Pacific Coast Highway. The Pacific Coast Hiqhway exit sha11 be positioned far enouqh north to allow drivers to maneuver either into the Pacific Coast Highway lane destined toward eastbound I-10 or into the lane toward the Pacific Coast Highway off-ramp ta Ocean Avenue. Glear signage shall ba provided to direct drivers to this exit and inta the proper lanes destined for I-30 or Ocean Avenue. Advance warning signs to this shall be provided inside the 1440 parking area to direct drivere to I-10 or Ocean Avenue via Pacific Coast Highway. 24. A 32 foat wide roadway under the Pier ramp shall be pro vided to accommodate three lanes of traffic. During peak periods, twa lanes shall be used in one direction and one in the other to accommodate peak inbound and outbound tra~fic fiows. 25. The sidewalk on the south si8e of tihe Pier Bridge shall be widened by eliminating the sidewalk on the north side of the Pier bridge and relocating the two lanes of traffic to the north side of the Pier bridge. 26. A 20 foot fire access lane shall be provided around the entire perimeter of the pier, to the end of the Municipal Pier and between the Hippodrome and Billiard Building, and a 12 foot ambulance lane shall be pravided through the Fun 2one to the satisfaction of the Santa ~onica Fire and Police Departments. 27. The Carousel Park handicapped access ramp shall be brouqht up to code by installing a continuous handrail along the lower segment of the ramp, and a full handrail along the otheY side of the ramp. Traffic 28. Lincoln Boulevard at Pico Boulevard - restiripe the north~ound and southbound approaches to add another through lane in the northbound and southbound directions. Elimination of peak hour parking on Lincoln Boulevard is necessary. With these improvements the V/C ratio and level of service at this intersection is forecast to be 1.49 and F, respectively. Parking 29. The proposed project shall comply with handicapped accessibility requirements as set forth in Title 24 of the State Buiiding Code. -lo- Utilities Water 30. Provisions for meeting fire flow requirements and any improvements to on-site water lines shall be incorporated into the final project design prior to issuance of a building permit. Improvement costs are to be borne by the project applicant. 31. In order to meet the requirements of emergency water control ordinance, the project sha11 pay a water connection fee to the Director of General Services. This fee shall be calculated according to the following fee contained in Resolution Number 8196 CCS: $3.00 x(average number of gallons per day x 2}. 32. The project shall be required to pay a water connection fee to the City before a permit can ~e issued to connect to the water system. Sewer 33. The project shall comply with the provisions af current and/or future ordinances regarding sewer capacity allotment in the City of Santa Monica. 34. Prior to issuance of a building permit, a flow test of downstream lines shall be conducted to determine if existing sewer lines serving the project site are adequate to serve the proposed projeat. Any required improvements ta the sewage collections system shall be barne by the project applicant. 35. The project shall be required to pay a seweraqe facilities charge to the City before a permit can be issued to connect to the sewer per Section 7190 of Ordinance 1451. Solid Waste 36. The project shall participate in the Santa ~onica Recycling Program. The program available to commercial developments include, but are not limited to, the following: -trash bins shall be segregated with regard to recyclable or non-recyclable desxgnation; and -glass and newspapers shall be further segregated from the project's wastestream, for eventual collection by municipal employees. 37. Outdoor trash receptacles shall be shielded from general public view on at least three sides by impact-resistant walls not less ~an five or more than eight feet in height, and by an impact resistant gate of not less than five and not more than eight feet in height. - 11 - 38. Trash receptacles sufficient in size and number to contain the trash genera~ed from the uses on the site sha~l be provided. The City of Santa Monica requires 100 square feet of storage capacity for the first 10,000 square teet under roof, and five square feet of storage capacity for each additional 1,000 square feet under roof. This is a basic quideline, and can be modified, based on collection mode and frequency of collection. 39. Appropriate signage shall be p~aced in strategic locations on the Pier to natify visitors and emp~oyees of existing anti-litter laws and regulations. 40. Separate recycling receptacle cans shall be clearly marked, and placed alongside trash cans in the food court area, and all other partions of the Pier. 41. Recyclable food service products and shopping bags shall be required for a11 businesses on the Pier. Public Services Fire Protection 42. No building or portion of a building sha11 be constructed more than 150 feet from the edge of a roadway or designated fire lane. 43. Fire hydrants sha11 be located on-site. Their number and location will be determined after the Fire Department reviews definitive project plans and specifications. 44. The proposed project shall comply with all applicable State and local ordinances. 45. Definitive project plans and specifications shall be submitted to the Fire Depar~ment, and requirements shall be satisfied prior to the issuance of a building permit. Police Protection 46. Public spaces, such as common areas, walkways, parking lots, and stairways sha1Z be designed to prevent areas of conceaZment. 47. All areas oP the project shal~ be well-lighted, including alcoves, walkways, and stairways. Such lighting, however, shall be designed to minimize illumination impacts on surrounding land uses. 48. The project shall meet with the PoZice Department for security design assistance. Prior to issuance of a building permit, the applicant shall prepare and the Department shall approve a security plan for the project. 49. Upon completion, the project shall provide the Polic~ Station with a design of the project. The diagram shall - 12 - include access routes and any information that might facilitate police respanse. 50. The projeot ahall pravide a full police substation on the Pier, and it shall be staffed Monday through Thursday with one officer working from 1 p.m. to 11 p.m.; Friday, SaturW day, and Sunday with two officers working from 4 p.m. to 2 a.m.. This schedule shall be supplemented by two officers working overtime on Friday, Saturday, and Sunday from 12 noon to 4 p.m. This staffing would be in addition to the existing Harbor Guard coverage. Cultural/Historical Resources 51. To the extent feasible and consistent with public access and project design objectives, the proposed project shall conform to the "Secretary of the In~erior's S~andards for Rehabilitation and Guidelines for Rehabilitating Historic buildings, and the Santa Monica Piez Design GuidelXnes". 5uch conformance shall include a project desiqn which is historically and architecturally campatible with the existing structure and shall include preservatian of the Pier's historic fabric. 52. The proposed project shall obtain approval of a Certificate of Appropriateness by the City of Santa Monica Landmarks Commission. The proposed project shall comply with the specific requirements imposed as a result of an issuance of a Certificate of Appropriateness with respect to historical preservation. 53. The entire property shall be photo-documented in its current state before development proceeds. A photographia record shall be made of the exterior historic fabric if preservation of portions of that fabric is not possible. Aesthetics 54. During Iandmarks review approval process for the project, the City shall evaluate building mass, height, materials, colors and the perimeter and exterior/interior landscaping to ensure their appropriateness for their location. Construction Impacts 55. California Occupational Safety and Health Administration requirements regarding scaffolding erection and slope shoring shall be met durinq the construction phasE of the project. 56. 5afety measures such as roping off the area underneath the construction zones on the Pier, using construction barricades and providing construction site warnings shall be taken to minimize the ahance of injuring pedestrians, drivers and beachgoers. - 13 - 57. Security lighting shall be provided at all the construction sites to minimize vandalism and reduce the chance of injury to passersby. 58. Fire Department requirements relating to accessiBility to construction sites and fire prevention shall be met. This includes, but is not limited to, maintaining adequate fire access paths to tha site, maintaining working fire extinguishers at the site and storing all volatile chemicals used in the construction process in a fire resistant plaae. 59. Truck deliveries shall not be scheduled during peak traffic periods (between 7:30 a.m. and 9:00 a.m. and 3:00 p.m. and 7:00 p.m.). 60. Construction activities shall be concentrated in one general area at a time, to the extent practical, to minimize the effect on vehicular and pedestrian access to the Pier and adjacent parking areas. VoTE Yes: Abdo, Genser, Vasquez, Zane No: Holbrook, Katz, olsen Abstain: 0 Absent: 0 Findinqs for the Reduced Parkinq Permit # 91-008 1. A sufficient number of spaces are provided to meet the greater parking demand of the participating uses. 2. Satisfactory evidence has been submitted by the parties operating the shared parking facility, describing the nature of the uses and times when the uses operate so as to demonstrate the lack of conflict between them. 3. Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the Zoning Administrator are executed to assure that the requirea parking spaces provided are maintained and uses with similar hours and parking requirements as those uses sharing the parking remain for the life of the building. Conditions for the Reduced Parking Permit # 91-008 1. In t11e event permittee viola'~es or fails to aomply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fuily remedied. 2. Within ten days of Planning Division transmittal ot the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action pre- pared by the Planning Division, agreeing to the Conditions - 14 - of approval and acknowledging that failure to comply with such conditions sha11 canstitute grounds for potential revo- cation of the permit approval. By signing same, applicant shall nat thereby waive anp legal rights applicant may pos- sess regarding said conditions. The sxgned Statement shall be returned to the Planning Division. Failure to comply witn this condition shall constitute grounds for potential permit revocation. 3. This determination shall not become effective for a period of fourteen days from the date of determination or, if ap- pealed, until a final determination is made on the appeal. Any appeal must be made in the form required by the Zoning Administrator. The approval of this permit shall expire two years from the permit's effective date, unless, in the case of new development, a building permit has been obtained. A one year extension inay be permitted if approved by the Di- rector of Planning pzior to the expi.ration of the two year period. VOTE Yes: Abdo, Genser, Holbrook, Katz, Vasquez, Zane, No: Olsen Abstain: 0 Absent: 0 Findinqs for Zoning Ordinance Text Amendment #91-006 1. The proposed amendment is consistent in principle with the qaals, objectives, policies, land uses, and programs specified in the adopted General. 2. The pu]alic health, safety, and general welfare require tha adoption of the proposed amendment. 3. The amendment to this Section clarifies the original intent of the Council as it relates to the deveiopment standards for pa~cels located on Ocean Avenue. The amendment does not change the standards, it serves to better clarify the Zoning Ordinance language. Conditions For Zoning Text Amendment #91-006 1. SECTION 9015.6 Property Development Standards. All proper- ty in the RVC District shall be deveZoped in accordance with the following s~andards: (a) Maximum Building Height and FAR. Maximum buildfng height, number of stories and floor area ratio shall be determined as follows: PROPERTIES BOUNDED BY THE MAXIMUM MAXIMUNt NO. MAXIMUM FOLLOWING STREETS HEIGHT OF STORIES FAR - 15 - Pier Overlay: a. Santa Monica Pier. The Deauville site to the north, Seaside merrace to the south, The Promenade to the west, and Ocean Avenue to the east, except parcels fronting on Ocean Avenue. b. Parcels fronting on Ocean Avenue c. Replacement of Sinbad's buildinq only on the Santa Manica Pier d. Amusement Rides On the Santa Moniea Pier 30' 2 1.D 30' 2 .5 40' 3 1.0 85' for one Ferris Wheel 55' for on~ roller coaster 45' for all other amusement rides VOTE ON TEXT AMENDMENT #91-006 Yes: Abdo, Genser, Katz, Zane, Vasquez Nays: Holbrook, Olsen Abstain: Absent: 0 Conditions gor Zoning Ordinance Text Amendment #91-007 l. The proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General. 2. The public health, safety, and general welfare require the adaption of the proposed amendment. zoninq Ordinance Text Amendment #91-007 SECTION 9040.27. I,ighting. Al1 outdoor lighting associated with commerciaZ uses shall be shielded and directed away from surrounding residentia~. uses. Such iighting shall not exceed 0.5 footcandles of ilZumination beyond the property containing the commercia~. use and shall not blink, flash, oscillate or be of unusually high intensity af brightness, with the exception of amusement rides located on the Pier, which may have lights that blink, flash and oscillate. VOTE Yes: Abdo, Genser, Katz, Zane,Vasquez Nays: Holbrook, Olsen Abstain: o Absent: 0 - 16 - NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Usa and Zoning Or- dinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1400. z hereby agree to the above conditions of approval and acknowledge that failure to comply with suah conditions shall constitute grounds for potential revocation of the permit approval. Applicant's Signature Print Name and Title w/pierccst SF:lc - 1'3 - ~T`(RC,-~mE~1" f~ RESOLUTION NUMBER 8390(CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF $ANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT OH THE SAPTTA MONICA PIER DEVELOPMENT PROJECT WFIEREAS, a Notice of Preparation of an Environmental Impact Report was issued on July 23, 1990; and WHEREAS, a public scoping meeting was held on October 25, 1990; ancl WHEREAS, a Notice of Completion of a Draft Environmental Impact Report was published in September, 1991; WHEREAS, the Draft Environmental Impact Report was circulated for a 45 day public review period; WHEREAS, in December, 1991, the Final Environmental Impact Report was published; and WHEi2EAS, the Environmental Impact Report and all notices were prepared in compliance with the California Environmental Quality Act (CEQA), and the City of Santa Monica CEQA Guidelines; WHEREAS, the Fun Zone only project with parking improvements to the 1550 parking lot and Deauvilie property and without either the central plaza ar the 2640 Appian Way parking structure substantially reduces the impac~s on the environment - 1 - while accomplishing the City's goals and objectives for the Pier, and WHEREAS, the Planning Commission has reviewed and considered the contents of the Final EIR in its decision-making process, WHEREAS, the Planning Commission certified the EIR on March 2, 1992 WHEREAS, the City Council has reviewed and considered the contents of the Final EIR in its decision-making process; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLIAWS: SECTION l. The City CounciZ finds that the Final Environmental Impact Report adequately reviews and analyzes potential environmen~al effects of the proposed project and project alternatives. SECTION 2. The City Council makes the following findings, consistent with Article V2, Sections 12 and 13 of the City of Santa Monica CEQA Guidelines and Sections 15091 and 15093 of the State of California CEQA Guidelines. (a) (1} The City Council finds that there is no other feasible, reasonable and available alternative to the Fun Zone anly project without either the Central Plaza or the 164o Appian Way parking structure and that there are no further mitigation measures to this project alternative that would significantly and substantially reduce the impact on the environment while accomplishing the City's qoals and objectives for use of the Pier - 2 - -~ -t'ltE ~~Iv ~ lN G Cd~1~ ~ 5 S IoN ~ I am present~ttg myself before the Ciry uf Santa Mouuca, in hopes of befng granted a Condiuoaal Use Peraut at 1444 lOth Street, Santa Momca ,90401,which would atlaw me to establ,'sh a Pre-School for children. I am a nat~ve of Los A.ngeles. I graduated fmm Universiry High SchooI in1969 aad received my BA from UCLA in 1973. I subsequently attended tbe Graduate Schoal af Educauon at Mt. 5t. Mary's College in 1974, and went on to earn twn Califorma Standard Teacb+n~ CredentiaEs in Early Childhood Education a.nd Elementary Educanon. I have concinued with my post-graduate studies at UCLA and I attend professional conferences on a regular basis. I have been marned to Jeffrey Wasson for eleven years and we have two chifdren, ages 10 and ? Jeffrey has been pract~cing Pediazncs for fifteen years at 1450 lOth Street, Santa Monica His office is ~mmediaiely adajacent to tbe propecry that I have purchased for the proposed Pre-School. Since 1988, I have been the Co-Director af the Toddler Program at Tbe First School i.n Santa Momca. I have facihtated the 'Mommy, Daddy, and Me' classes with a strong emghasis in Parent Educatson. I feel this locazion is perfectly suited for a pre-sc~ool The buildings do not need to be altered in any way. The inside space is newly remodeled, sunny and cheerful The exiswig kitchen and samtation facilit~es meet the Californta Commumty Care LT.cens,r~ code requirements. The yard is spacioas and safe for children to play. The wide alley at the rear of the property can be safely and efficiently used for dro~off and pick-up of children. My goals are to promote independence ~.n children while encouraging them to de~elop skills in uiterpersonal relat~ons My idea of a school for young ch~ldren is a place where the children are safe, respected, and enca~raged to explore t~eir environment and express ti~emselves A place where they will gain confidence, joy an8 courage. It is generaLly acknowledged tbat there is a shortage of quahry pre-schools in Sanca Monica. I hope tl~at tlus location will attract fam4L~es of diverse ethruc backgrounds so as to provide a mulu-culturai experience for the children I feel confident [hat my professtonal train+n~ aud work exper~ence will enable me to establish and operate a wonderful school for the children of Santa Momca. Thank You, ,, ~ ~ ~ -, -, ~~~ ~~~~~`~--- . ~ Cin~y Wasson OQiI `~6 not longer viable or are thearetical projects. As a result of this, the project impacts may be less than those identified in the Final Environmental Impact Report. (5) Further, the City Council finds that the certification of the Final Environmental Impact Report is is only for the purposes of approving the Fun Zone only project with the parking lot improvements without eitheY the Central Plaza or the 1640 Appian way garking structure. SECTIDN 3. The City Council ~inds that, zn response to concerns over the project's patential environmental impacts, the applicant has requested that the City Council approve the Fun Zone only projECt without either the Central Plaza or the 1640 Appian Way parking structure which reduces the environmental impacts identified in the Environmental Impact Report (EIR). (a) The Final EIR determined that without mftigation the proposed project could result in significant adverse impacts on the natural terrain, subsurface soils, and lacal qeology in the following manner (Draft EIR, Section IV-B). Th~re will be temporary disruption in the project locale during excavation and construction. Project construction will require measures to eliminate the lic~zefaction potential, such as dewatering and recompaation of soils. The location of the property in relation ta known active faults indicates that the site is not exposed to greater seismic risk than other locations in the local region. Nevertheless, movement on any of the active or potentially active faults could cause ground shaking at the building site. - 4 - Consistent with Article VI, Section 12 of the City CEQA Guidelines and Section 15091 of tha State CEQA Guidelines, the City finds that the following changes or mitigation measures have been required in the project which will avoid or substantially lessen the potential significant environmental effects identified with respect to natural terrain, subsurface soiZs, and local geology: (1) During project construction, all grading shall be carefully observed, mapped and tested by the project engineez; (2) During project construction, al~ grading shall ~e performed under the supervision of a licensed engineering geologist and/or soils engineer in accordance with appliaable provisions of the Municipal Code and to the satisfaction of ~he City's Building and Safety Division; (3) The two Underground Storage Tanks (USTs) shall be removed in compliance with all applicable regulations of the Citiy of Santa Monica, the South Coast Air Quality Management District, and the Los Angeles County Department of Health Services. These measures, as well as the approval of the Fun Zone only project without either the Central Plaza or the 1640 Appian Way parking structure will mitigate or avoid the potential for significant adverse i~pacts on natural terrain, subsurface soils or local geology and thus mitigate or avoid the significant environmental effects identified in ~he FinaZ EIR, Section IV-B. - 5 - (b) The Final EIR determined that without mitigation the praject could result in a significant impact to short-term air quality in the area during site demolition and construction (Final EIR, Section IV-C). Although the creation of dust and the daily emission of pollutants from construction equipment would not exceed the threshold criteria established by SCAQMD, the California Health ad Safety Code requires the minimization of dust generation. Consistent with Article VI, Section 12 of the City CEQA guidelines and Sections 15091 of the State CEQA Guidelines, the City finds that the following changes or mitigation measures have been required in the project which will mitigate or avoid the potential significant environmentai effects identified with respect to air quality impacts: (1) Contractors shaZl cover any stockpiles of soil, sand and similar material; (2) Construction equipment shall be shut off to reduce idling when not in direct use; (3) Low sulfur fuel shall be used for construction equipment; and (4) Contractors shall discontinue construction activities during second stage smog alerts; Theae measures, as well as the approval of the Fun Zone only projecti without either the Central Plaza or the 164~ Appian Way parking structure, wi~l avoid or substantially lessen the potential for significant adverse impacts to short-~erm air - 6 -- quality, and thus mitigate or avoid the significant environmental effects identified in the Final EIR (Section IV-C). (c) The Final EIR determined that without mitigation the praject could result in significant impacts to long-term air quality in the area (Final EIR, Section IV-C). The Final EIR determined that the project wauld result in an increase in lonq-term daily emissions. Increased daily emissions would be generated by vehicular trips associated with Phase 2 development and wou~d exceed the threshold established by SCAQMD for nitrogen oxides. Consistent with Articls VI, Section i2 of the City CEQA Guidelines and Section 15091 of the State CEQA Guidelines, the City finds that the approval of the Fun Zone only project without either the Central P1aza or the 1640 Appian Way parking structure will mitiqate or avoid the potential significant envzronmental effects identified with proposed project with respect to lonq-term air quality. This change in the project will avoid or substantially lessen the potential for significant adverse impacts on long term air qezality and thus mitigate or avoid the significant environmental effeats identified in the Final EIR, Seotion IV-C. {d) The Final EIR determined that without mitigation the project could result in adverse environmental impacts to plant and animal life in the project area in the following manner (Final EIR, Section IV-D). Improper disgosal of wastes generated by various uses within the proposed project may adversely affect marine animals in the project vicinity. Consistent with Article - 7 - V2, Section 12 of the City CEQA Guidelines and Section 15091 of the State CEQA Guidelines, the project will undertake the following changes or mitigation measures which avoid or substantially lessen the potential adverse environmental effects identified with respect to plant and animal life: (1) Recyclable food service products and shopping bags shall be required for all businesses on the Pier; and (2) trash receptacles shall be located throughout the project area, no more than 25 feet from one another. These measures, as well as the approval of the Fun Zone onLy project without either the Central Flaza or the 1640 Appian Way parking structure, 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, Section IV-D. (ej The Final EIR determined that without mitigation the project could result in adverse environmental effects with respect to noise in the project area (Final EIR, Section IV-E). Construction activities resulting from projevt implementation would result in increases in ambient noise levels in the vicinity of the site an an intermittent basis. Noise levels would fluctuate depending on construction phase~ equipment type and duration of use, distance between noise source and listener, and presence or absence of barriers between the noise source and listener. Estimated noise levels would nat change significantly from existing condi~ions. Consistent with Article VI, Section 12 - S - of the City CEQA Guidelines and Section 15091 of the State CEQA Guidelines, the project will undertake the following chanqes or mitigation measures which will avoid or substantially Zessen potential adverse noise impacts identified: (I) A constx~uction plan shall be submitted to the City in sufficient detail to determine the duration of construction activities and the specific types of equipment to be used and their approximate ~ocation including specific locations for compressors and pumps. (2) Project shall comply with applicable City noise regulatians specified in the City Ordinances (Ordinance Numbers 1406 CCS and 1458 CCS); (3) Project contractors sha11 muffle and shield intakes and exhaust, shroud and shielfl impact tools, and use electric-powered rather than diesel-powered construction equipmant, as feasible, and, (4) Roller coaster rides shall be dasigned to require and use plastic wheels on metal rails. These measures, as well as the approval of the Fun Zone only project without eithez the Central Plaza or ~he 1640 Appian 44ay parking s~ructure, will avoid or substantially lessen the patential for adverse noise impacts at the site and thus mitigate or avoid any potential adverse effects identified in the Final EIR, Section IV-E. (f) The Final EYR determined that without mitigation the project could result in an increase in daytime glare and evening - 9 - illuminatian in the project area in the tollowing manner (Final EIR, Section IV-F). The project could change the nighttime character of that section of the Pier and adjacent beach. In addition, the project would result in nighttime illumination that would be perceptible to motorists, neighbors, end pedestrian traffic. 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 changes or mitiga~ion measures have been required in the project wnich will avaid or substantially lessen the potential siqnificant environmental effects identified with respect to liqht and glare: (1) Lighting and building materials shall be built and/or installed in accordance with City of Santa Monica ordinances, standards and applicable requirements; (2) Exterior building surfaces sha].1 be of a color, material and texture to reduce daytime glare; (3) Outdoor Iighting shall be shielded and directed on-site and downward; (4) Outdoor lighting shall be reduced or softened after peak hours, especially in restaurant areas and in the amusement areas after the Fun Zone has ceased operations; (5) outdoor lighting shall be restricted to security lighting between the hours of 2:00 a.m. and 6:00 a.m.; (6) General night lighting of alI non-public servi,ce areas shall be a minimum level of two footcandles and a maximum level of four footcandles; - 10 - (7) General night lighting in public areas shall be a minimum ievel of four footcandles and a maximum level of eight footcandles; and (8) A Zoning Ordinance text amendment shall be obtained to a11ow the use of lightinq that blinks, flashes, oscillates or is of unusually high intensi~y of brightness. These measures, as well as the approval of the Fun Zone only project without either the Centxal Plaza or ~he 1640 Appian Way parking structure, will avoid or substantially lessen the potential for adverse light and glare impacts at the site and thus mitigate or avoid any potential adverse effects identified in the Final EIR, Section IV-F. (g) The Final EIR determined that without mitigation the project could result in significanti land use impacts in the following manner (Final EIR, Section IV-I). Residential uses, commereial uses and public facilities all exist within close proximity to one another in the Oceanfront District adjacent to the Pier. The project meets the objectives of developing visitor-commerciel uses along the beach. However, the project does not comply with the Zoning Ordinance and Land Use and Circulation Element (LUCE) of the General Plan. Consistent with Article VI, Section 12 of the City CEQA Guidelines and Sectian 15091 of the State CEQA Guidelines, the City finds that the following changes or mitigation measures have been required in the project which will mitigate or avoid the potential significant environmental effects identified with respect to land - 11 - use: (1J Amend the 2oning Ordinance for development within the Pier Overlay of the RVC District to allow three story/40 foot maximum height limit for the replacement of the Sinbad's building, and 85 feet fnr one Ferris Wheel, 55 feet for one roller coaster, and 45 feet for ali other amusement rides. These measures as well as the approval of the Fun Zone only project without either the Central Plaza or the 1540 Appian Way parking structure, wi11 mitigate or avoid the potential for significant land use impacts and thus mitigate or avoid any potential adverse effects identified in the Final EIR, Section IV-I). (h) The Final EIR determined that without mitigation the project could result in adverse impacts on th~ City's right-of-way/public access (Final ETR, Section IV-Jj. The increased number of visitors expected at the Pier as a result of the proposed project could adversely affect the right-of-way and access of pedestrians, bicyclists and motorists. However, the projeat will undertake the following changes or mitiqation measures which will avoid or substantially lessen any potential significant environmental effects identified with respect to right-of-way and public access: (i) Praject shall comply with all State and City standards, codes and ordinances regardinq the provision oP access and parking to the general public and the handicapped; (2} Pedestrian walkways through the parking lots shall be - 12 - clearly delineated and signage shall be posted to indicata the safest pathway to the Pier for pedestrians and warning motorists of those walkways. The pedestrian access pathway from the Civic Center site thraugh the RAND Corporation site shall be marked with appropriate signage and the stairs adjacent to the Moss Avenue pumping plant shali be well iighted; (3) Stop signs shall be placed where the driveways to the 1590 Appian Way parking lot and the 1440 Pacific Coast Highway parking lot cross the Promenade walkway. (4) The 1550 Pacific Coast Highway State parking lot access road shall be widened at the entrance near the parking control booth to accommodate a total of four traffic lanes ( two inbound and two outbound). The lanes shall be reversible, thereby permittinq up to thxee lanes in one direction during peak periods; (5) Seaside Terrace between Ocean Avenue and Appian Way shall be striped with three lanes (a minimum street width of 36 feet is required). A six foot right-of-way would be required from the parcel on the north side of Seaside Terrace between Appian Way and Seaside Terrace. Two lanes could be provided in one direction and one in the other to accommodate peak inbound and outbound traffic flows. At the intersection of Seaside Terrace and Ocean Avenue, a specially designed traffic signal shall be installed to allow two lanes of traffic to en~ex southbound onto Oeean Avenue; (6} Exiting (autl~ound} traffic shall be allowad to exit from - 13 - the 1440 lot directly onto southbound Pacific Coast Highway. The exit shali be positioned far enough north to allow drivers to maneuver either into the Pacific Coast Highway lane destined toward eastbound I-10 or into the lane toward the Pacific Coast Highway off-ramp to Ocean Avenue. Clear signage shall be grovided, including advance warning inside the 1440 lot, to direct drivers to this exit and into the appropriate lanes fox either 2-10 eastbound or Ocean Avenue via Pacific Coast Highway; (7) A 32 foot wide roadway should be constructed, if feasib~e, under the Pier which could be striped for three lanes of traffic. During peak periods, two lanes could be used in one direction and one in the other to accommodate peak inbound and outbound traffic flows; (8) The sidewalks on the south side of the Pier Bridge shall be widened by eliminatinq the sidewalk on the north side and relocating the two lanes of traffic to the north side; (9) A 20 foot fire access lane shall be provided around the entire perimeter of the Pier and a 12 foot amhulance lane shall be provided through the Fun Zone to the satisfaction of the Santa Monica Fire and Poliae Departments; (10) The Carousel Park handicapped access ramp shall be brought up to code by installing a continuous handrail along the lower segment of the ramp, and a full handrail along the other side of the ramp. - 14 - These measures, as we~l as approval of the Fun Zone only project without either the Central Plaza or the 1640 Appian Way parking structure, wi1Z avoid or substantially lessen the potential for significant adverse impacts on right-of-way and access and thus mitigate or avoid any significant environmenta~ effects identified in the Final EIR, Section IV-J. (i) The Final EIR determined that without mitigation the project would result in adverse impacts on the City's water supply. (Final EIR, Section IV-M). The project will have a net increase in water consumption of 55,149 gallon increase per day over existing conditions. Consistent with Artiole VI, Section 12 of the City CEQA Guidelines and Section 15091 of the State CEQA Guidelines, the project will undertake the following changes ar mi~igatian measures which will mitigate or avoid the potential adverse environmental effects identified with respect to water: (1) The project shall incorporate water saving devices and techniques and opera~e the proposed project in accordance with the requirements of all City Ordinances; (2) Improvement costs to meet fire flow requirements and any improvements to on-site water lines shall be borne by the project applicant; (3) The project applicant shall pay a water connection fee to the birector of General Services in order to meet the requirements of the emergency water cont~ol ordinance, and (4} the project eppZicant shall pay a water connection fee - 15 - to the City prior to issuance of a permit to connect to the water sys~em. These measures, as well as the approval of the Fun Zone only project without either the Central Plaza ar the 1640 Appian Way parkinq structure will avoid or substantially lessEn the potential for significant adverse impacts on water conservation and thus avoid or substantially lessen the significant environmental effects identified in ~he Final EIR (Final EIR, Section IV-M). (j) The Final EIR determined that withaut mitigation the project could result in significant adverse impacts on sanitary sewerage in the following manner (Final EIR, Section IV-M). The project will generate a net increase in sewage of 50,894 gallons over existinq conditions per day. Consistent with Article VI, Section 12 of the City CEQA Guidelines and Section 15091 of the State CEQA Guidelines, the City finds that the following changes ox mitigation measures have been required in the project which will mitigate or avoid the potential significant environmental effects identified with respec~ to sanitary sewerage: (1) The applioant shall comply with current and future ordinance grovisions regarding sewer capacity allotment in the City; (2) The project shall incorporate water conservation measures. (3} Pxior to issuance of a building permit, a flow test of - 16 - downstream lines shall be conducted to determine if existing sewer lines serving the project site are adequate to serve the proposed project and any required improvements to the sewage collection system shall be borne by the project; and (4) A sewerage facilities charqe shall be paid to the City before a permit can be issued to connect to ~he sewer per Section 7190 of Ordinance 145~. These measures, as well as the approval of the Fun Zone only project without either the Central Plaza or the 1640 Appian Way parkinq structure will avoid or substantially lessen the potenta.al for significant adverse in[pacts on sanitary sewerage and thus avoid or substantia~ly lessen the significant environmental effects identified in the Final EIR (FinaZ EIR, Section IV-Mj. (k) The Final EIR determined that without mitigation the project could result in adverse environmentaZ impaCts on solid waste (Fina1 EIR, Section IV-M). The developmant and operation of the project would result in a net increase of 33,5i9 gallons over existing condXtions. Consistent with Article VI, Section Z2 of the City CEQA Guidelines and Section 15091 of the State CEQA Guidelines, the City finds that the following changes or mitigation measuras have been required in the project which will mitigate or avoid the potential significant environmental effects identified with respect to solid waste: - 17 - (1) The project shall participate in the Santa Monica Recycle program; (2) Trash receptacZes sufficient in size and number to contain the trash generated on the parceZ shall be provided with outdoor receptacles shielded from public view on at least three sides by impact resistant walls of not less than five or not more than eight feet in height and an impact resistant gate of not less than five and nat more than eight feet high; (3) Appropriate siqnage sha11 be placed in strateqic locations on the Pier to notify visitors and employees of existing anti-litter laws and regulations; (4) Separate recyclinq recEptacle cans shall be clearly marked, and placed alongside trash cans in the food court area, and all other public portions of the Pier; and (5) recyclable food service products and shopping bags shall be required for all businesses on the Pier. These measures, as well as the approval of the Fun Zona oniy project without either the Central Plaza or the 1640 Agpian Way parkinq structure will avoid or substantially lessen the potential for significant adversa impacts on solid waste and thus avoid or substantially lessen the significant environmental effects identified in the Final EIR (Final EIR, Section ZV-M). (1) The Fina1 EIR determined that without mitigation the project could result in szgnificant adverse impacts in fire protection in the following manner (Final EIR, Section IV-N and - I8 - VII-N). Project implementation would increase the need for fire protection and emergenay medical services in the area. Consistent with Article VI, 5ec~ion 12 af the City CEQA Guidelines and Section 15091 of the State CEQA Guidelines, the project will undertake the fo~lowing mitigation measures which will avoid or substantially lessen any potential significant environmental effects identified with respect to fire protection: (1) No building or portion of a building shall be constructed more than 150 feet from the edge of a roadway of an improved street or designated fire lane; (2) Fire hydrants shall be located on-site with their number and location determined after the Fire Department reviews definitive projeat plans and specifications; (3) The proposed praject shall comply with all applicable State and local ordinances regarding fire prevention and suppression; and (4) Definitive project plans and specifications shall be submitted to the Fire Department, and requirements shall be satisfied prior to issuance of a building permit. These measures, as well as the approva2 of the Fun Zone only project without either the Central Plaza or the 1540 Appian Way parking structure will avoid or substantially lessen the potential for significant adverse impacts in fire protection and thus avoid or substantially lessen the significant environmental effects identified in tihe Final EIR (Final EIR, Section IV-N). (m) The Final EIR determinea that without mitigation the project coul~ result in significant adverse impacts on police - 19 - protection (Final EIR, Section iV-N). Project implementation would increase trie need for police protection in the area. Consistent with Article VI, Section 12 of the City CEQA Guide~ines and Section 15091 of the State CEQA Guidelines, the project will undertake the following mitiqation measures which will avoid or substantially iessen the potential significant environmental effects identified with respect to police protection: (1) Public spaces, such as cammon areas, parking lots, stairways, and walkways shall be designed to prevent areas of concealment. (2) All areas of the project shall be well-lighted including alcoves, walkways, and parking lots and shaZl be designed to minimize illumination impacts on surrounding land uses; (3) The Police Department be contacted for security design assistance. A security plan shall be prepared for Police Department approval prior to issuance of a building permit; (4) The Police Department shall be provided with a desiqn of the project upon completion that sha11 include diagrams of access routes, and any inPormation that migh~ facilitate police response; and (5) A fu11. police substation shall be prnvided on the Pier, and it shall be staffect with two poZice officers, 24 hours a day.39. Appropriate signage sha3.1 be placed in - 20 - strateqic locations on the Pier to notify visitors and employees of existing anti-litter laws and regulations. (6) The project shall provide a full police substation on the Pier, and it shall be staffed Monday through Thursday with one officer working from 1 p.m. to ll p.m.; Friday, Saturday, and Sunday with two officers working from 4 p.m. to 2 a.m.. This schedule shall be supplemented by two officers working overtime an ~ri- day, Saturday, and Sunday from 12 noon to 4 p.m. This staffing would be in addition to the existing Harbor Guard coverage. These measures, as well as the appraval of the Fun Zone only project without either the Central Plaza or the 1640 Appian Way parking structure will avoid or substaatially lessen the potential for significant adverse impacts on police pro~ection and thus mitigate or avoid any potential significant environmental effects identified in the Final EIR, Section IV-N and VII-N. {n) The Final EIR determined that without mitigation the project cauld result in significant ad~erse impacts on cultural/historic resources in the following manner (Fina1 EIR, Section IV-P). Consistent with Article VI, Section 12 of the City CEQA Guidelines and Section 15091 of the State CEQA Guidelines, the project will undertake the foZlowing changes or mitigation measures have been req~ired in the project which will avoid or substantiaZly lessen the potential significant - 21 - environmental effects identified with respect to cultural/historic resources: (1) To the extent feasible and consistent with the public access and project design objectives, the proposed project shall conform to the "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings° which shall include a projact design which is historically and architecturally compatible with the existing structure and shall include preservation of the Pier's historic fabric; (2) The proposed project wi11 require a Certificate of Appropriateness by the City's Landmarks Commission and the applicant shall comply with the specific requirements imposed as a result of an issuance of a Certificate of Appropriateness with respect to histaric preservation; (3) The entire property shall be photo-documented in its current state before development proceeds. A photographio record shall be made of tihe exterior historie fabric if preservation of portions of that fabric is nat possible. These measures, as well as the approval of the Fun Zone only project without either the Central Plaza or the 1640 Appian Way parking structure will avoid or substantially lessen the potential for significant adverse impacts on cultural/historic resources and thus mitigate or avoid the significant - 22 - environmental effects identified in the Final EIR, Section IV-P. (o) The Final EIR determined that without mitigation the project could result in significant adverse impacts on aesthetics (Final EIR, Section IV-Q). Consistent with Article V2, Section 12 of the City CEQA Guidelines and Section 15091 of the State CEQA Guidelines, the project will undertake the following changes or mitigation measures have been required in the project which will mitigate or avoid ~he potential significant environmental effects iden~ified with respect to aesthetics: (1) During the project's architectural review by the Landmarks Commission~ the City shall evaluate building ma~s, height, materials, colors, and perimeter and ex~erior and interior landscaping to ensure appropriateness for thair locatian. This measure, as well as the approval of the Fun Zone only project without either the Central Plaza or the 1640 Appian Way parking structure will avoid or substantially lessen the potential for significant adverse impacts on aesthetics and thus avoid or substantially lessen any significant environmental effects identified in the FinaZ EIR (Final EIR, 5ection IV-Q). (p) The Final EIR determined that without mitigation the constructian of the project could result in significant adverse impacts (Finai EIR, Section IV-R). 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 - 23 - measures which will mitigate or avoid the potential significant environmental effects identified with respect to construction: (1) California Occupational Safety and Health Administration requirements regarding scaffolding erection and slope shoring shall be implemented during construction; (2) Safety measures such as roping off the area underneath the construction zone on the Pier, using construction barricades and providing construction site warnings sha11 be taken. (3) Security lighting shall be provided at all the construction sites; (4) Uniform Fire Code and Fire Aepartment requirements relating to accessibility to construction sites and fire prevention shall be met includinq, but not limited to, maintaining adequate fire access paths to the site, maintaininq working fire extinguishers at the site and storing all volatile chemicals used in the cons~ruction process in a fire resistant place; (5) Truck deliveries shall not be scheduled during peak traffic periods (between 7:30 a.m. and 9:00 a.m. and 3:00 p.m. and 7:00 p.m.); and (6) Construction activities shall be concentrated in one general area at a time, to the extent practical. These measures, as weZl as the approval of the Fun Zone only project without either the Central Plaza or the 1640 Appian Way parking structure, will avoid or substantially iessen the potential for significant adverse impacts from cons~ruction and _ 24 _ thus mitiqate or avoid any significant environmental effects identified in the Final EIR, Sectian IV-R. SECTION 4. The Final EIR found that the development of the Fun Zone only project without either the Central Plaza or the 1640 Appian Way parking structure could resu~t in a significant impact to traffic circulation at the intersections of Linooln Boulevard and the I-10 Westbound Ramp and Ocean Avenue and the Pacific Coast Highway ramp during the PM peak hours. Consistent with Article V2, Sectian 13 of the City CEQA Guidelines and 5ections I5091 and 15093 of the State CEQA Guidelines, the City Council hereby makes a Statement of Overriding Considerations and finds that the benefits of the project outweigh its unavoidable environmental risks based on the findings in Section 2 and for the following reasons: (aj The projeCt will revitalize the City-owned Pier in a way that preserves its unique character and at the same time serves the current and future needs of the community; (b) The project will provide increased public parking; (c) The project will provide year round recreational opportunities; (d) The project will provide extended nighttime and multi-season uses; (e) The project will provide circulation and access improvements to the area around the Pier; (f) The project will attract and serve visitors from a broad range of income groups and lifestyles; (g} The design elements of the project will retain the - 25 - historic and unique qualities that distinguish the Santa Monica Pier from other piers and commercial enterprises, and (h) The project will emphasize the role of the Pier in the community. (i} The projeot will deliver increased revenues to the City while encouraging inoreased pu3~lic access at the Pier. SECTION 5. Further, the City Council finds that the project will undertake the fnllowing changes and mitigation measures wriich will reduce, although not eliminate, the significant impacts identified with respect to traffic and circulation: (1) Restripe the northbound and southbound approaches to add another through lane in the northbound and southbound directions at the intersection of Lincoln Boulevard and Pico Boulevard (this requires eliminating peak hour parking on Lincoln Boulevard). This measure, as well as the approval of the Fun Zone only project withou.t either the Centra3. P~aza or the 1640 Appian Way parking structure will avoid or reduce the potential impact on traffio circuation, therefore, ~he Ci.ty Counca.l finds that, as substantialZy mitigated by the above specified requirements, the potential impact on traffic and circulation is acceptable. - 26 - SECTION 6. In the event any of the adverse environmental eftects identified in the Final EIR are not considered sul~stantially mitigated within the meaning of Article VI, Seation 13 of the City CEQA guidelines, and Section 15093 of the State CEQA guidelines, the City Council finds that the benefits of the project outweigh its unavoidable environmental risks for the reasons stated in Sections 2 and 5. SECTION 7. Pursuant to Public Resources Code Section 21081.5, the mitigation measures required by this Resolution shall be monitored by the City ta ensure their compliance during project implementation in accordance with the requirements of the EIR's mitigation monitoring program (Final EIR, Section VI) and ~evelopment Review Periait conditions of approval. SECTION 8. 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 adequatie public review of the Draft Environmental Tmpact Report, that the City Council has considered all comments on the Draft Environmental Impact Report and responses to comments, that the Final Environmental Impact Report adequa~ely diseusses all significant environmental issues, and ~hat the City Council has considered the contents of the Final Environmental Impact Report in its decision-making process. SECTION 9. The City C~erk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. - 27 - APPROVED AS TO FORM: ~1-~ - ' ~ ~ . Robert M. Myers City Attorney w/ccpreso March 24, 1992 - 27 - Adopted and approved this 28th day of April, 1992. Mayor 2 hereby certify that the foregoing Resolution Na. 8390(CCS) was duly adopted by the City Counail of the City of santa Monica at a meeting thereof held on Apri~ 28, ~992 by the following Council vote: Ayes: Councilme~bers: Abdo, Holbrook, Katz, Vazquez, Zane Noes: Councilmembers: Genser, Olsen Abstain: Councilmemhers: None Absent: Councilmembers: None ATTEST: ,~ `~~,.e_ ~;~y~~ Ci~y Clerk !