Loading...
SR-10-A (63) . ..{ : {/"" .11 k~ -S / L/F- ~ ~ , r-:7 /a -A- Ll;TM:PPD:LC: wjpiercc COUNCIL MEETING: March 31, 1992 Santa Monica, California 'IO: Mayor and City council FROM: c~ty Staff SUBJECT: Appeal of Planning commission Approval of Final EIR 90-007, DR 91-006, RPP 91-008, and Council consideration of Zoning Text Amendments 91-006 and 91-007 for the proposed development on the Santa Monica Pier. Applicant Santa Monica pier Restoration Corporation. Appellant Diane simpson. INTRODUCTION This staff report provides City Council with information regarding the Santa Monica Pier Development proj ect . On March 2nd, the Planning Commission certified the Final Environmental Impact Report (EIR) with a statement of overriding considerations for two unavoidable significant traffic ~mpacts. The Planning commission also approved a development review permit for a reduced project consisting of the Fun Zone and parking improvements in the 1550 Pacific Coast Highway lot. The Central Plaza component of the proposed project was withdrawn from consideration by the PRC and therefore, not approved. In addition to the project permits, the Planning Commission made recommendations to the city council on the proposed Zoning ordinance text amendments. On March 16, 1992 all actions of the Planning commission were appealed. The appeal form is attached. -1- /I/--A. v''' ... 1-1:- .~. ":" staff is recommending that the City Council certify the Final EIR, approve the development review application and reduced parking permit ,"vith the finding and conditions approved by the Planning commission, and that the proposed Zoning Ordinance Text Amendments relating ~o the lights on the pier and heights of the rides be approved. Staff is recommending denial of the appeal and approval of the Planning Commission recommendations en the text amendment relating to the Pier lighting. staff and the PRe are not recommending approval of the ride height text amendment language as proposed by the Planning commission, but instead, are recommending approval of the language originally requested by the applicant. BACKGROUND The proposed project consists of a Fun Zone, Central Plaza and parking facilities. However, based upon the findings of the Draft Environmental Impact Report (EIR), the Pier Restoration Corporation (PRe) Board and staff revised the project to consist and the Fun Zone and parking lot improvements. The Central Plaza and the 1640 Appian Way parking structure were excluded from the revised project. Specifically, this recommended revised project includes the Fun Zone, improvements to the 1550 Pacific Coast Highway beach parking lot and paving the Deauville site for parking. - 2 - .. This staff report discusses the planning and environmental analysis for both the project as originally proposed and the revised project. staff recommends that the city council take the following actions to approve the revised proJect: 1. Adopt the Resolution certifying the Final Environmental Impact Report on the revised project consisting of the Fun Zone and parking lot improvements with a statement of overriding considerations for two unavoidable significant traffic impacts. 2. Approve a Development Review permit for the revised project consisting of the Fun Zone and parking lot improvements subject to the conditions and findings approved by the Planning commission. 3. Approve a reduced parking permit for shared parking for the revised project consisting of the Fun Zone and parking lot improvements subject to the findings approved by the Planning Commission. 4. Approve the Zoning ordinance text amendment to allow the permitted height for amusement rides on the pier to be 115 feet and the permitted height for replacement of existing buildings on the Pier to be 40 feet. - 3 - . . :; . Approve a amusement zoning Ordinance text amendment to ride lights on the pier to blink, allow flash, for and oscillate. Report Format This report provides a summary of the proj ect description and environmental impacts for the full project including the Central Plaza, Fun Zone and expanded parking facil i ties. This discussion is followed by a list of approvals required for the project with and without the central Plaza. The discussion is followed by an analysis comparing the proposed project with the project alternative eliminating the Central Plaza, the Planning commission action, and the grounds for the appeal. Project Background In 1908, the first Municipal pier was built at the location of the present Pier using an experimental concrete and steel construction method. It failed twelve years later in 1920 and was reconstructed in 1921. The Pleasure Pier (also known as the Newcomb Pier) was built adjacent to the Municipal pier in 1916. The Pleasure Pier featured the Looff Hippodrome, which contained the famed carousel, as well as a roller coaster and other entertainment features. The famous La Monica Ballroom, built in 1924, in its heyday could accommodate as many as 10,000 people. Throughout the 1920's and 1930's the Pier flourished as an entertainment and recreation center for visitors and tourists. - 4 - .. Succeeding decades, however, saw a decline in the Pier and in 1973, the city council ordered its demolition as part of a larger proposition to create an offshore island development. Santa Monica residents countered with a grass-roots initiative, "Save Our Pier Forever", which forbade the destruction of both the Pleasure and Municipal Piers. other measures to preserve the historical integrity of the pier included its designation as a County of Los Angeles Historical Landmark in 1975, and a City of Santa Monica Landmark in 1976. In addition, the Looff Hippodrome (Carousel Building) building was designated a National Historic Landmark in 1988. In 1981, the Santa Monica City Council began studying plans to economically revitalize the Pier. The Council appointed a 15-member pier Restoration and Development Task Force, which was charged to prepare a comprehensive set of guidelines for the Pier's restoration. The Task Force, working in conjunction with members of the community through a series of public workshops, prepared the "Pier Guidelines" in 1982, which outlined the parameters for future development. However, in 1983, winter storms destroyed over 100,000 square feet of the western end of the wooden pier platform, and the remaining pier suffered serious structural damage. Reconstruction of the Pleasure pier and the Municipal pier as a resul t of the 1983 storm damage was completed in 1991. In addition, structural reinforcing is currently taking place for - 5 - , . both the Pleasure and Municipal Pier and will be completed in mid-1992. In 1983, the pier Restoration Corporation (PRC) was created to orchestrate reconstruction and redevelopment of the Pier. Using the "Pier Guidelines" as a base, the City Council approved the Santa Monica pier Design Guidelines and the Santa Monica pier Development Program. The proposed plans presented in the Final EIR represent the PRC's working plan for that program. On December 11, 1991, as a result of the Draft Environmental Impact Report findings that implementation of the proj ect as proposed would result in unavoidable significant impacts at 8 local intersections, the PRe Board of Directors voted to recommend to the city Council the approval of the Fun Zone only project alternative. originally Proposed project The Pier Development project as proposed and analyzed in the Final EIR consists of four main components: the Central Plaza, the Fun Zone, parking facilities and a future phase. Total building floor areas associated by use are: o Retail 9,725 s.f. o Restaurant 42,325 s.f. o Entertainment 16,500 s.f. o Public Areas 8,650 s.f. - 6 - o Management Space o Fun Zone Booths 325 s.f. 6,875 s.f. TOTAL: 84,400 s.f. In addition to the above building floor area, approximately 70, 000 square feet of deck area will be devoted to Fun Zone amusement rides. within this 70,000 square foot area, the 6,875 square feet of Fun Zone booths will be located. currently, the Pier is developed with a total of 82,732 square fee~. Upon completion of all construction on the Pier (including sinbads and the Ashgrove projects), there will be a total of 169,223 square feet of building area as well as 63,125 square feet of deck area devoted to amusement rides (70,000 square feet less 6,875 square feet of booths). Attachment #1 describes the uses that presently exist on the Pier, the uses that would remain on the pier after construction of the Central Plaza and Fun zone, the uses that would remain but undergo remodel or renovation and the uses that would be demolished. Central Plaza As originally proposed, the Central Plaza would be located between the Billiard Building and Sinbad I s along the southern edge of the Pier. Phase I of the Central Plaza would involve the construction of four new, two-story buildings, containing a total of 77,525 square feet. The four buildings would surround a 14,400 square foot open plaza area. - 7 - " The following is a summary of the proposed size, height and use of the Central Plaza Phase I buildings that will surround the open plaza area: ~ui1ding ~q. Ft. sty/Ht Uses 1 28,050 2 9,575 3 19,950 4 19,950 2/58* 2/47** 2/47** 2/47** Restaurantjcafe/take-outjfast food Restaurants Retail, entertainment Retail, restaurant, entertainment * Building 1 has an observation tower above the second story; architectural feature above tower rises to 58 feet. ** Roof height for Buildings 2, 3, & 4 is 30 feet; architectural features extend above the height. The Phase II building would be located on the southeast portion of the pier and would consist of a two story, 22,000 square foot building. Phase II would include a mix of entertainment, recreation, retail and/or restaurant uses. The precise breakdown of floor area would be determined at a later date. The Fun Zone The Fun Zone would be located at the southwest corner of the pier. This area is currently used for parking and special events such as the Thursday Evening Twilight Dance Series. The Fun Zone would occupy approximately 70,000 square feet of the pier deck area. wi thin this area, 6,875 square feet of floor area would be developed for food and game concessions. The - 8 - remaining area would be devoted to amusement rides, such as a ferris wheel and a roller coaster. The proposed ferris wheel would be 115 feet in height; the roller coaster would be 60 feet in he.ight. In addition, a number of children's rides are proposed that would not be as high as the adult rides. Parking Facilities Parking for the proposed full pier Development project would be provided at the following locations: o 1640 Appian way: The site is currently occupied by a 400 square foot fast food outlet and a 75 space surface public parking lot. These uses would be replaced by a four level, partially subterranean, parking structure for 244 vehicles (net increase of 169 parking spaces). Due to the slope of the site, the structure would be approximately 30 feet in height as measured from the Promenade and ten feet in height as measured from Appian Way. Access to the parking structure would be from Seaside Terrace. Ground level retail space (5,200 square feet) would be located along The Promenade walkway. o 1550 Pacific Coast Highway: This state owned lot is located Just north of the Pier and currently provides 706 surface parking spaces. In addition to restriping the lot, it is proposed that an adjacent residual dirt area (the portion of the Deauville property located west of the Promenade) be paved for parking. A total of 991 spaces would be provided resulting in a net increase of 285 spaces. An outdoor performance stage for special events is proposed at the northeast corner of the 1550 pacific Coast Highway lot. The performance stage is intended to replace the area of the pier that was previously used for the Thursday Night Concert Series and other special events. o 1590 Appian Way: This City owned site, also referred to as the Deauville property, is located north of the Pier between the Promenade and Appian Way/PCH. The Santa Monica Beach Maintenance facility, Mermaid Cafe and a refreshment stand are currently located on the site. - 9 - The Mermaid Cafe and refreshment stand would be demolished and the beach maintenance facility would be relocated to the northeast portion of the parcel. The southern portion of the property would be paved to provide a total of 88 spaces. o Pier Platform: The existing 272 parking spaces located on the Pier would be removed and replaced with 82 tandem, valet spaces as part of the proposed proj ect. Access would be controlled by valet parking attendants at the pier entrance on Ocean Avenue. The 82 tandem, valet parking spaces are temporary and would be removed in connection with the proposed Phase II development. At the end of Phase II no parking would be permitted on the Pier. parking for Phase II No new parking spaces are proposed for the 22,000 square feet proposed in the Phase II development plans. The Phase II building would replace the 82 tandem valet parking spaces located on the Pier that are included in Phase I. After completion of phase II, it is proposed that the Pier be completely closed to vehicular traffic except for emergency and service vehicles. Alcohol Outlets currently, there are a total of 7 alcohol outlets on the Pier. This includes 4 beer and wine licenses and 3 full service alcohol licenses. Two facilities currently on the Pier under lease negotiations are the AShgrove and Sinbads. Both facilities will include full service alcohol licenses. As proposed, the Central Plaza would have required a total of six separate alcohol licenses (four beer and wine and two full service alcohol licenses) resulting in a total number of 13 - 10 - alcohol licenses on the Pier. The issue of the appropriate number of licenses and operational aspects will be considered as part of the Pier Alcohol POlicy as proposed by the PRe. CEQA Compliance The environmental review process began in May, 1990 ~vith the preparation of an Initial study. This preliminary environmental assessment of the proposed project determined that the proposed proj ect could have a significant adverse impact on the environment and that an environmental impact report (EIR) should be prepared. On July 26, 1990, a Notice of preparation of an EIR was issued and published in the newspaper. A public scoping meeting was held on October 25, 1990. On September 13, 1991, a Draft EIR was release for a 46 day public review period ending on October 28, 1991. During this period, 11 comment letters were submitted. The Final EIR responds to all comments and was released on December 20, 1991. The Final EIR concludes that the implementation of the proposed pier Development project would result in unavoidable significant impacts in the areas of air quality, land use and traffic. This section provides a description of the significant impacts and proposed mitigation measures for the Pier Development project as proposed. - 11 - Air Quality The Final EIR analyzes the short- and long-term air quality impacts of the proposed project. The short-term pollutant emissions proj ected to result from the short-term construction activities would not exceed threshold criteria established by the South Coast Air Quality Management District (SCAQMD). Therefore, the temporary emissions are not considered significant. Although the short-term construction effects are not considered significant, they can be reduced by covering of stockpiles, reducing construction equipment idling, using low sulfur fuel and ceasing construction activities during second stage smog alerts. Development of the proposed project would increase traffic which would result in an increase in existing levels of long-term daily emissions. The project is not expected to result in any violations of the state one-hour carbon monoxide standard of 20 parts per million (ppm) at the identified receptor locations in the project vicinity. However, the proposed project plus Phase II development would generate emissions on a summer weekend day that would exceed SCAQMD criteria for nitrogen oxides. The mitigation measure for the significant effect on nitrogen oxide levels is to reduce the size of Phase II from 22,000 to 18,000 square feet. Without this mitigation, the project would result in an unavoidable significant impact to air quality. - 12 - Land Use The Final EIR analyzes the proposed project's compliance with applicable land use regulatory documents, which include the Land Use and Circulation Element (LUCE) of the General Plan, the Zoning Ordinance, the Pier Design Guidelines, the Beach Resource Management Plan, and the standards of the Beach Overlay District. The project site is zoned Residential-Visitor Commercial (RVC), with the exception of the 1550 Pacific Coast Highway state parking lot, which is currently zoned Single Family Residential (Rl). The lot is proposed to be rezoned to RVC under the City's current redistricting plan. The increase in parking on the site does not comply with the R1 designation. Therefore, the rezoning from R1 to RVC would have to be completed prior to project implementation. The proposed parking structure at 1640 Appian Way does not comply with the floor area ratio standards identified in the LUCE or the Zoning Ordinance. The four level parking structure would be partially subterranean and would accommodate 244 vehicles. Due to the slope of the site, the structure would be approximately 30 feet in height as measured from the Promenade and ten feet in height as measured from Appian Way. The height of the parking structure would be 30 feet. Ground level retail (5,200 square feet) would be located along The Promenade. - 13 - As proposed, the structure would have a 1.85 floor area ratio (FAR), which exceeds the 1.0 FAR allowed by the LUCE and by the Zoning Ordinance in the RVC Pier Overlay District. In addition, the parking structure would occupy the entire site; no setbacks are proposed and ther~fore, no landscaping will be provided along the public right-of-way. The structure does not comply with the setbacks and lot coverage required in the Zoning Ordinance. An amendment is required to the LUCE and zoning Ordinance to allow the greater FAR. In addition, a variance is required for the encroachment into the front, side and rear yard setbacks and to exceed the 70% lot coverage. The four proposed buildings in the Central Plaza and three of the rides in the Fun Zone on the pier will exceed the height limit allowed in the RVC pier Overlay district in the Zoning Ordinance. The RVc district allows a total height of 2 stories, 30 feet. Buildings 1, 3, and 4 have a roof height of 30 feet, but have architectural features that extend above 30 feet; building 2 is 47 feet in height. The architectural features on buildings 3 and 4 extend to a height of 47 feet; building 1 has an observation tower that extends to 58 feet. Therefore, a Zoning Ordinance text amendment would be required for the proposed proj ect to allow for the increased height. In addition, three of the rides proposed in the Fun Zone would exceed the 30 feet in height allowed in the RVC district. The ferris wheel would be 115 feet, the roller coaster would be 60 - 14 - feet and the wave swinger would be 45 feet. A zoning Ordinance text amendment would be required to allow the increased height for amusement rides in the Fun Zone. The pier Development Program and Design Guidelines provide a historical background relating to the Pier IS architecture and establish goals and objectives for restoring the Pier. The guidelines affect all physical improvements including buildings, attractions, common area improvements, signage, graphics and lighting. The proposed project is in compliance with the pier Development Program and Design Guidelines. The purpose of the Beach Resource Management Plan is to serve as a guide for the management and development of the recreational potential of the Santa Monica State Beach. The plan was prepared in conjunction with an operating agreement between the City and the state Department of Parks and Recreation. The proposed project complies with the applicable goals and objectives contained in the Beach Resource Management Plan. The Beach Overlay District created under Proposition S expressly excludes the Santa Monica Pier Platform and that portion of the Pier that extends into the Pacific Ocean. The district also permits 140,000 square feet of new development on the pier platform. The 1640 Appian Way parking structure is proposed within this area, however, the provisions of the ordinance do not affect development of the property. Therefore, the proposed - 15 - Pier Development project and 1640 Appian Way parking structure are not subj ect to the Beach Overlay District established by Proposition s. Traffic Preparation of the Final EIR on the Pier Development proj ect began in August, 1990. Since that time, the City Council has directed staff to use the Highway Capacity Manual (HCM) delay methodology and a new significance criteria for all traffic studies. However, because the traffic studies for the Pier and Aquarium EIRs were near completion at the time Council acted on these issues, council agreed that these two studies would be conducted using the CMA (Critical Movement Analysis) methodology and the previously accepted significance criteria. A comprehensive traffic and parking analysis was completed for the Pier Development Project Final EIR. The analysis includes 40 intersections (31 signalized and 9 unsigna1ized) during typical summer weekday, typical non-summer weekday and summer weekend scenarios. The Final EIR does not analyze extreme conditions that occur during peak seasons holidays such as Cinco de Mayo, Memorial Day, Independence Day and Labor Day. Both morning and evening typical peak periods were included in the analysis. However, due to the trip generation characteristics of the project, significant impacts occur only during the PM peak hours. - 16 - For summer weekday, the traffic study determines that 25 of the 40 study intersections are forecast to operate at unacceptable level of service E or F. The intersections experiencing significant impacts during summer and non-summer typical PM peak periods with the addition of project traffic are: o Lincoln Boulevard at I-10 westbound ramp Summer and non-summer weekdays o Lincoln Boulevard at I-l0 eastbound ramp Summer and non-summer weekdays o Lincoln at Pico Summer weekdays only o Fourth Street at Santa Monica Boulevard Summer and non-summer weekdays o Fourth street at Colorado Avenue Summer and non-summer weekdays and summer weekends o Ocean Avenue at Pacific Coast Highway ramps (near RAND Ocean Avenue driveway) Summer weekdays and summer weekends o Neilson Way at pico Boulevard Summer weekdays and summer weekends o Lincoln at Colorado Summer weekends only o Ocean Avenues at California Incline Summer weekends only o Ocean Avenue at Seaside Terrace Summer weekdays, summer weekends After mitigation, project related traffic would still significantly impact six intersections on summer weekdays. - 17 - During summer weekends, two additional intersection would experience unavoidable significant traffic impacts. The proposed project would result in unavoidable significant adverse traffic impacts at the following intersections: - o Lincoln and I-I0 Westbound ramp o Lincoln and I-IO Eastbound ramp o Fourth Street at Santa Monica Boulevard o Fourth street at Colorado o Ocean Avenue at Pacific Coast Highway Ramp o Neilson Way at pico Boulevard o Lincoln Boulevard at Colorado o Ocean Avenue at California The Revised Project consisting of the Fun Zone and Parking Improvements but without Either the Central Plaza or the 1640 Appian Way Parking structure As a result of the significant unavoidable impacts associated with the proposed project as identified in the Final EIR, the PRC and staff are recommending approval of a revised project consisting of the Fun Zone and parking lot improvements but without either the Central Plaza or the 1640 Appian Way parking structure. The impacts associated with the development of this revised project have been analyzed as Alternative D in Section VII of the Final EIR. The Final EIR determined that the - 18 - development of the revised proj ect would resul t in two unavoidable significant traffic impacts at the intersections of: o Lincoln and I-10 Westbound ramp o Ocean Avenue and the Pacific Coast Highway ramp In addition to reducing the number of unavoidable significant traffic impacts, the revised project would not require the construction of a parking structure at 1640 Appian Way. Therefore, the zoning Ordinance amendments, General Plan Text amendment, variance for lot coverage and setbacks and the condi tional use permit for the parking structure would not be required. Additionally, the Hot Dog on A stick stand would not have to be removed. All other permits and approvals required for the full project would be required for the revised project. The anticipated number of net new visitors to the pier would be greatly reduced with the revised project consisting of the Fun Zone and parking lot improvements. This would reduce many of the adverse impacts relating to parking and circulation as well as eliminate the need for mitigation measures in those areas. Section VII-D of the Final EIR analyzes the environmental impacts associated with the revised project. As shown in the shared use parking analysis in Section IV-L of the Final EIR, this revised proj ect would not require the additional parking improvements - 19 - suggested for the 1550 Pacific Coast Highway lot or 1590 Appian Way (Deauville property). However, in an effort to maximize public parking, the City is proposing to re-stripe the 1550 lot, and pave the Deauville site for a net increase of 285 spaces beyond what exists today. Removal of the Mermaid Cafe and relocation of the Beach Maintenance facility will not occur as part of the revised project. EIR Alternatives Section VII of the Final EIR analyzed a total of eight alternatives to the proposed project: (A) No change in pre-project conditions; (B) Reduced Project Development for the Central Plaza, Fun Zone and Future Phase; (C) project without the Fun Zone; (D) project without the central Plaza; (E) project with Aquarium on Deauville Property and Beach Maintenance Loti (F) Event Deck Alternative; (G) Access Ramp Alternative, and (H) Alternative Sites. With the exception of the "no projectll alternative, every al ternati ve analyzed would result in at least one unavoidable significant traffic impact. The following table lists the number of significant traffic impacts associated with each alternative studied. Only PM peak hour estimates are shown. There are no AM peak hour traffic impacts associated with the project or any of the alternatives. This is a result of the peak - 20 - visitor attraction hours beginning after the morning peak traffic period has ended. Alternative PM PEAK SIG. IMPACTS A. No project B. Half size project c. Central Plaza only D. Fun Zone only E. project with Aquarium F. Project with Event Deck G. Project with Access Ramp H. Alternative sites o 1 3 2 11 14 14 N/A No Change in Pre-project Conditions This alternative would leave the project site and surrounding parking lots under current conditions. The environmental impacts associated with the proposed project would not occur. Reduced Project Development For The Central Plaza, Fun Zone and Future Phase This alternative reduced all components of the project by approximately one-half of the total floor area. A reduction in proj ect size would have the impact of creating a less intense development that would more closely fit in with the existing character of the Pier. This alternative would result in an unavoidable significant adverse traffic impact. The intersection of Ocean Avenue and Pacific Coast Highway would be significantly impacted during - 21 - summer weekday PM peak hour traffic conditions. No mitigation measure has been proposed to reduce that impact to an acceptable level. project Without the Fun Zone This alternative analyzes the impacts of a proj ect that would include the Central Plaza, the 1640 Appian Way parking structure and the 22,000 square feet of Central Plaza Phase II development. As compared to the proposed project, the development of Central Plaza Phase II would not create a significant air quality impact and would not need to be reduced. This alternative would significantly impact the following three intersections in the PM peak hour: o Lincoln Boulevard and 1-10 Westbound Ramp o 4th street and Colorado o Ocean Avenue and Pacific coast Highway All other environmental impacts would be reduced as compared to the proposed project. The Fun Zone, which would have been the visual focal point of the Pier would be eliminated. project with Aquarium on the Deauvil1e/Beach Maintenance site This alternative includes the Central Plaza and Fun Zone. Instead of converting the Deauville site and the beach maintenance lot to parking, a two-story aquarium would be constructed. The total floor area of the Aquarium would be 62,000 square feet incl~ding aquarium tanks (45,500 s.f.), retail - 22 - (7,000 s.f.), restaurant (2,000 s.f.) and education and function rooms (7,500 s.f.). This alternative evaluated two parking structure options at either 1440 Pacific Coast Highway or 1640 Appian Way. As compared to the proposed full size project, this alternative would result in additional impacts associated with traffic, utilities, pUblic services, noise and aesthetics. Unavoidable significant traffic impacts would occur at a minimum of seven intersection. The Southern California AQMD threshold criteria for daily emissions of nitrogen dioxides would also be exceeded. Event Deck Alternative This alternative proposes to extend the northern edge of the Pier over the 1550 Pacific Coast Highway parking lot to accommodate an additional 185 parking spaces and a performance stage. The pier deck would be expanded by approximately 64,400 square feet. Access to the event deck and parking would be from the pier bridge. As compared with the proposed project, this alternative would result in an extension to the Pier deck that would result in more vehicular traffic on the pier bridge. This alternative would have slightly increased impacts on air, noise, land use and traffic. A total of 14 intersections would be significantly impacted in the PM peak hour. - 23 - Access Ramp Alternative . I'his al ternati ve would extend a ramp from the northern edge of the pier down to the 1550 Pacific coast Highway parking lot. This ramp would allow cars to drive down the Pier bridge and ramp into the parking lot. All other aspects of the proposed project would remain the same. This alternative would result in significant traffic impacts at l4 intersections in the PM peak period. Use of the Pier as a ramp to the parking lot would create pedestrian/vehicle conflicts and increase congestion on the pier bridge. Alternative Sites The Final EIR evaluated seven alternative sites for the ability to reduce the proj ect impacts and meet or exceed the proj ect objectives. The alternative sites considered were the Ocean Park Redevelopment Area, Pier South to Pritikin, the former Pacific Ocean Park site at the foot of Pier Avenue and the existing Venice Pier site located south of the City. Due to the site-specific objective to revitalize the existing pier in a way that preserves its unique character, an alternative site would not allow the feasible attainment of the stated project objectives. - 24 - Approvals Being Requested For the Revised project consisting of the Fun Zone and parking Improvements but Without Either the central Plaza or the 1640 Appian Way parking structure The following approvals are required to adopt the revised project consisting of the Fun Zone and parking lot improvements without either the Central Plaza or the 1640 Appian Way parking structure. 1. Resolution certifying the Final EIR on the revised project consisting of the Fun Zone and parking improvements with a statement of overriding considerations relating to two unavoidable significant traffic impacts. 2. Development Review Permit for the revised project consisting of the Fun Zone and parking lot improvements. 3. A reduced parking permit for shared parking for the revised project consisting of the Fun Zone and parking lot improvements. 4. A text amendment to the Zoning ordinance for height on the Pier. The following amendment is being requested, the bold type indicates the new text that will be added to the Zoning Ordinance: SECTION 9015.6 Property Development Standards. All property in the RVC District shall be developed in accordance with the following standards: - 25 - (a) Maximum Building Height and FAR. Maximum building height, number of stories and floor area ratio shall be determined as follows: PROPERTIES BOUNDED BY THE FOLLOWING STREETS MAXIMUM HEIGHT MAXIMUM NO. OF STORIES MAXIMUM FAR Pier Overlay: a. Santa Monica Pi~r. The Deauville site to the north, Seaside Terrace to the south, The Promenade to the west, and Ocean Avenue to the east 30' 40' 3 for replacement of existing structures; 115' for amusement rides 1.0 5. A text amendment to the zoning Ordinance for amusement ride lights. The following amendment is being requested, the bold type indicates the new text that will be added to the Zoning Ordinance: SECTION 9040.27. Lighting. All outdoor lighting associated with commercial uses shall be shielded and directed away from surrounding residential uses. Such lighting shall not exceed 0.5 footcandles of illumination beyond the property containing the commercial use and shall not blink, flash, oscillate or be of unusually high intensity of brightness, with the exception of amusement rides located on the pier, which may have lights that blink, flash and oscillate. - 26 - If the Council chooses to adopt the Pier Development Project as originally proposed and analyzed in the Final EIR, the following additional approvals would be required. 1. A variance for the 1640 Appian tvay parking structure to permit encroachment into the front, side and rear yard setbacks and to allow the structure to exceed the 70% lot coverage. 2. A conditional use permit to allow construction of the 1640 Appian Way parking structure in the RVC District. 3. A text amendment to the Zoning Ordinance for FAR requirements for the 1640 Appian Way parking structure. 4. A General Plan Amendment for 1640 Appian way. 9ther Approvals Required A certificate of Appropriateness, issued by the City's Landmarks commission, will be necessary to allow alterations or demolitions of buildings on the Pier platform. section 9621 (a) of the Landmarks Ordinance exempts Landmarks from the Architectural Review Board process, therefore, final design review and signage approval will be the responsibility of the Landmarks Comm1ssion. The city's Landmarks Commission and state Coastal commission review of the project will occur after City council action on the Zoning Ordinance and General Plan text amendments. - 27 - comparative Analysis The proposed full Pier Development Project, with the Central Plaza, Fun Zone, 1640 Appian way parking structure and parking lot improvements, meets all the objectives established by the Pier Restoration corporation to revitalize the Pier. The objectives, which were developed through a series of pUblic workshopsf outline the parameters for future development on the Pier. The objectives are: 1. To improve the Pier's economic position by increasing the commercial square footage and providing quality products and services. 2. To maintain on-going public control of the pier by offering commercial areas to multiple tenants with the PRc/ci ty as Landlord and Manager of the facility. 3. To retain those historic and unique qualities that distinguish the Santa Monica pier from other piers and commercial enterprises, and that emphasizes its role in the community. 4 To incorporate new development into the existing character, scale and design of the Pier. ~. To attract and serve visitors from a broad range of income groups and lifestyles. 6. To remove parking from the pedestrian-friendly environment. pier to create a 7. To maximize surroundings design. interaction with through public the waterfront and beach access, merchandising and 8. To provide entertainment and recreation facilities as a main focus of the development. 9. To develop the Pier as a year-round attraction with extended nighttime and multi-season uses. 10. To apply the highest standards of architectural design to the proposed development, with a mix of uses that are both - 28 - II architecturally and environmentally sensitive to the site and adjacent land uses. The proposed full project including the Central Plaza provides an opportunity for the mix of uses necessary to achieve the stated PRe obj ecti ves . However, the full size proj ect is expected to create eight unavoidable significant traffic impacts. Removing the Central Plaza from the project reduces the expected unavoidable significant traffic impacts to two intersections. The revised proj ect consisting of the Fun Zone and parking lot improvements would meet many of the stated objectives for the Pier. It would attract and serve visitors from a range of income groups and lifestyles as well as provide entertainment and recreation facilities that would create a year-round attraction and enhance coastal access. In addition, the City would be re-striping the 1550 parking lot and paving the Deauville site to crea te 285 additional publ ic parking spaces. Al though these spaces are not required for the revised proj ect, these improvements will enhance and improve pUblic access to the coast and Pier. Although the revised project would not improve the Pier's economic position to the extent the full project would by increasing the commercial square footage on the Pier, given the congested condition of the intersections in the Pier and Downtown areas and the ability of the project without the Central Plaza to - 29 - meet most of the PRC objectives, it is recommended that this alternative be approved. As part of the conditions of approval the PRe has requested, and staff is recommending, that condition number 14 allow a two year - period, with the ability for a one year extension, for the building permits to be issued. Due to the nature of the project, additional time beyond that granted for a typical development is believed to be necessary and appropriate. PLANNING COMMISSION ACTIONS On March 2, 1992 the Planning commission approved the project and certified the Final EIR. The following outlines the Commission actions: certification of the Final EIR: The Planning Commission directed staff to prepare an addendum to the Final EIR to incorporate the following conditions: ~evise 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. II - 30 - Add the following mitigation measure in the Final EIR, Section E, page IV-E-8 on Noise: "Roller coaster rides shall be designed to require and use plastic wheels on metal rails.1I Add the following language on page III-F-l, Related Projects: liThe 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 approved by any city agency. Although related projects currently under environmental review qualify as probable future projects to be included in a cumulative analysis, the Aquarium project was not included in the 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 projects are mutually exclusive. Approval of the Pier project ~-/ith parking on the Deauville site would render the Aquarium project no longer viable at that site. Thus, if the anticipated environment effects of the Aquarium project had been included in the cumulative analysis of the Pier project, the resulting analysis would have erroneously overstated cumulative effects.1I - 31 - Ad9itional Development Review Permit Conditions: The Fun Zone hours of operation shall be limited to 10 a.m. to 10 p.m. Sundays through Thursdays and 10 a.m. to 12 midnight on Fridays and Saturdays and holidays. Roller coaster rides shall be designed to require and use plastic wheels on metal rails. Planning Commission recommendation on the zoning text amendments: Section 9015.6 Property Development Standards. All property in the RVC District shall be developed in accordance with the following standards: (a) Maximum Building Height and FAR. Maximum building height, number of stories and floor area ratio shall be determined as follows: PROPERTIES BOUNDED BY THE FOLLOWING STREET pier Overlay: a. Santa Monica Pier. The Deauville site to the north, Seaside Terrace to the south, The Promenade to the west, and Ocean Avenue to the east MAXIMUM HEIGHT MAXIMUM FAR MAXIMUM NO. OF STORIES 30' 2 1.0 40' 3 1.0 for replacement of Sinbad's building only; lIS' for a maximum of one amusement ride: and 40' for all other amusement rides. (staff is not recommending approval of the Planning Commission modifications, staff is recommending approval of the original language allowing amusement rides up to a maximum height of 115 feet) . - 32 - section 9040.27. Lighting. All outdoor lighting associated with commercial uses shall be shielded and directed away from surrounding residential uses. Such lighting shall not exceed 0.5 footcandles of illumination beyond the property containing the footcandles of illumination beyond the property containing the commercial use and shall not blink, flash, oscillate or be of unusually high intensity of brightness, wit.h t.he except.ion of amusement rides 10cated on the pier, which may have lights that blink, flash and osci11ate. Planning Commission Recommendations to Council Regarding the Pier Restoration Corporation: o The PRe should develop a program that addresses the need for training of security in crowd control and management of large events. o The PRe should develop a balanced master plan that includes a broad mixture of uses for the Pier. Grounds For Appeal On March 16, 1992 an appeal of the Planning Commission approval was filed by Diane Simpson. In general, the grounds for appeal relate to Coastal Commission concerns. The reasons stated for the appeal are as follows: 1) The development fails to provide adequate physical access to public or private commercial use, or interferes with such uses. 2) The development fails to protect public views from any road - 33 - or from a recreation area to and along the coast. 3) The development is not compatible with the established physical scale of the area. 4) The development is not in conformity with the Local Coastal program. Including hut not limited to: Cumulative impacts not adequate; parking inadequate; Does not protect env ironment, scenic and visual resources may be harmed; Does not insure priority for coastal dependent development abuse of neighborhood process; Development fails to adequately concerns of citizens of Santa address Monica public (Police, safety Fire, Ambulance Access); and Inadequate financial analysis 5) EIR did not analyze summer weekend traffic, left impacted intersection without mitigation and did not adequately analyze impact of noise of rides. In response to the above issues the Final EIR and planning Commission findings determined that the revised project, with the exception of one intersection, would not have an adverse impact to the surrounding area. Adequate physical access will be provided for a typical summer weekend or weekday period. Improvements such as the widening of the 1550 parking lot access road, the re-striping of Seaside Terrace, the \videning of the - 34 - pedestrian walk down to the pier, and the 20 foot fire access lane around the proj ect demonstrate that the issue of physical access has been thoroughly evaluated. In relation to public views, no views from any road or recreation area along the coast are being impacted. The structures proposed are on the Pier, well away from any coastal road, and consist of amusement rides that will add to the festive and recreational atmosphere of the pier. These rides will serve to attract additional visitors to the Pier and enhance coastal access. Regarding physical compatibility with the area, the Pier has historically been a pleasure pier with amusements and rides. The design elements of the revised project retain the historic and unique qualities of the pier and the uses emphasize the significant recreational role the pier plays in the community and region. In relation to conformit.y with the LCP, the city and Coastal Commission have yet to agree on an adopted LCP document. However, the revised proj ect is completely consistent with the Draft LCP approved by Council and submitted to the Coastal commission. The Final EIR, and the Planning Commission findings, determined that there would not be any cumulative impacts, that parking was more than adequate (the revised project will provide 285 additional parking spaces), the use is a coastal dependent - 35 - and priority use in the Coastal Zone, and the issues of pUblic safety have been adequately addressed as stated in the Final EIR. In relation to summer weekend traffic, and noise impacts, the Final EIR did contain an analysis of both of the issues. Due to the timing of the project, actual summer counts were not possible to obtain. In fact, had the EIR been delayed to obtain summer counts in 1991, the counts would have been far below the counts used in the Final EIR due to the unusual weather. The EIR utilized traffic counts taken on a President's day weekend, when the weather was good, and inflated those counts by 10 percent. The Final EIR contains an addendum addressing the issue of noise. It determined that the revised project could not have an impact to the surrounding area, and that the revised project would stay within the limits of the noise ordinance. Given that the Planning Commission found that the project would not impact the area, and would provide additional coastal access, staff recommends the appeal be denied and the revised project be approved. BUDGET/FINANCIAL IMPACT The revised project, consisting of the Fun Zone and parking improvements to the 1550 lot, will result in an lncrease in revenues over existing conditions. The estimated annual revenues to the Pier Fund in 1996 are outlined below. This analysis is general and conservative in its projected benefit analysis. It - 36 - inlcudes only those lease revenues associated with the revised project, while it considers the full cost to the pier Fund. The estimated Pier Fund Revenues and pier Fund Costs, adjusted for inflation to 1996 are as follows: pier Fund Revenues Pier Parking carousel Beach Fund Reimbursement Lease Revenues $ 592,000 $ 200,000 $ 328,000 $1,500,000 Total (1996) $2,620,000 pier Fund Costs The annual costs to the pier Fund are projected to be $2,700,000 in 1992. This estimate, adjusted for inflation to 1996 is $3,400,000. Under existing conditions, the pier experiences an annual deficit of approximately $900,000 which is funded out of the General Fund. with implementation of the revised project, this annual General Fund subsidy would be reduced by approximately $120,000 to an annual estimated deficit of $780,000. General Fund Revenues and Costs The Fun Zone will contribute an estimated $87,000 (1996) to the General Fund from fees and taxes. The Fun Zone approximate share of General Fund costs to operate the Pier is estimated to be - 37 - $ 5 0, 000 per year. Therefore, the Fun Z one could contribute an additional annual $37,000 toward further reducing the Pierts General Fund subsidy, thereby resulting in a total estimated annual General Fund subsidy of $743,000. These estimated do not include additional sale taxes which have not been estimated. RECOMMENDATION staff recommends approval of the revised proj ect consisting of the Fun Zone and parking lot improvements but without either the Central Plaza or the 1640 Appian Way parking structure. To implement the recommendation the City council needs to take the following actions to approve the revised project: 1. Adopt a Resolution certifying the Final EIR on the revised project consisting of the Fun Zone and parking lot improvements with a statement of overriding considerations for two unavoidable significant traffic impacts. 2. Approve a Development Review Permit for the revised project consisting of the Fun Zone and parking lot improvements subject to the attached findings and conditions. 3. Approve a Reduced Parking permit for shared parking for the revised project consisting of the Fun Zone and parking lot improvements subject to the attached findings and conditions. - 38 - 4. Adopt for first reading the Zoning Ordinance text amendment to increase the maximum allowable height on the Pier. 5. Adopt for first reading the Zoning Ordinance text amendment for amusement ride lights. Prepared By: Paul Berlant, Director of LUTM Suzanne Frick, Planning Manager Land Use and Transportation Management Department Program and Policy Development Division Attachments: A-Resolution Certifying the EIR B-Proposed Zoning Ordinance Text Amendments C-Proposed Findings and Conditions For Approval of The Revised Project D-Planning Commission statement Of Official Action E-Appeal Form Submitted By Diane Simpson F-Final EIR - 39 - DATE ITEM # U2:A . FINAL. "l l2~) FILED IN CITY CLERK'S OFFICE A1T~arr A RESOLUTION NUMBER (City council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE SA~TA MONICA PIER DEVELOPMENT PROJECT WHEREAS, a Notice of Preparation of an Environmental Impact Report was issued on July 23, 1990; and WHEREAS, a public seoping meeting was held on October 25, 1990; and 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 WHEREAS, the Environmental Impact Report and all notices ,vere 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 Deauville property and without either the central plaza or the 1640 ApP1an Way parking structure substantially reduces the impacts on the environment - 1 - while accomplishing the City's goals and objectives for the Pier, and WHEREAS, the Planning Commission has reviewed and cons~dered the contents of the Final EIR in its decision-making process, ~mEREAS, the Planning commission certified the ErR on March 2, 1992 ~mEREAS, 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 FOLLOWS: SECTION 1. The city Council Environmental Impact Report adequately potential environmental effects of the project alternatives. finds that the Final reviews and analyzes proposed project and SECTION 2. The city Council nakes the following findings, consistent with Article VI, Sections 12 and 13 of the City of Santa Monica CEQA Guidelines and Sectlons 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 only project without either the Central Plaza or the 1640 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 goals and objectives for use of the pier - 2 - as identified in the adopted Santa Monica pier Development Program (February 1988). (2) Further, the Cl ty Council finds that ~he pro] ect wl1l revitalize the City-owned Pier in a way that preserves its un~que 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 opportunities; (e) extended nighttime and multi-season uses~ (d) circulation and access improvements to the area around the Pier; (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 IvIonica pier from other piers and commercial enterprises, and (g) uses that will emphasize the role of the pier in the community. ( 3 ) Further, the City Coune i 1 finds that the proj ect ...,ill also deliver increased revenues to the City while encouraging increased public access at the pier. SECTION 3. The City Council finds that, in response to concerns over the project's potential environmental impacts, the applicant has requested that the Commission approve the Fun Zone only project without either the Central Plaza or the 1640 Appian - 3 - Hay parking structure 'i."hich reduces the environmental i::npacts identified in the Environmental Impact Report (EIR). (a) The Final EIR determined that without mitigation the proposed project could result in significant adverse impacts on the natural terrain, subsurface soils, and local geology in the following manner (Draft EIR, section IV-B). There will be temporary disruption in the project locale during excavation and construction. Project construction will require measures to eliminate the liquefaction potential, such as dewatering and recompaction of soils. The location of the property in relation to 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. 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 or mitigation measures have been required in the proj ect which will avoid or substantially lessen the potential significant environmental effects identified with respect to natural terrain, subsurface soils, and local geology: (1) During project construction, all grading shall be carefully observed, mapped and tested by the proj ect engineer~ (2) During project construction, all grading shall be performed under the supervision of a licensed engineering geologist and/or soils engineer in - 4 - accordance with applicable provisions of the Municipal Code and to the satisfaction of the City's Building and Safety Division; (3) The two Underground storage Tanks (USTs) shall be removed in ~ompliance with all applicable regulations of the city of Santa Honica, 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 potent1al for significant adverse impacts on natural terrain, subsurface soils or local geology and thus mitigate or avoid the significant environmental effects identified in the Final EIR, Section IV-B. (b) The Final EIR determined that without mitigation the proj ect could result in a s1gnificant impact to short-term air quality in the area during site demolition and construction (F1nal 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 GU1delines, 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 air quality impacts: - 5 - (1) Contractors shall 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; 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 to short-term air quality, and thus mitigate or avoid the significant environmental effects identified in the Final EIR (Section IV-C). (c) The Final EIR determined that t-li thout mitigation the proj ect 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 would result in an increase in long-term daily emissions. Increased daily emissions would be generated by vehicular trips associated with Phase 2 development and would exceed the threshold established by SCAQMD for nitrogen oxides. Consistent with Article VI, section 12 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 Plaza or the 1640 Appian Way parking structure t.lill mitigate or avoid the potential significant environmental - 6 - effects identified with proposed project with respect to long-term air quality. This change in the project 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-C. (d) The Final EIR determined that without mitigation the project could result in adverse environmental impacts to plant and animal life in the proj ect area in the following manner (Final EIR, section IV-D). Improper disposal of wastes generated by various uses within the proposed project may adversely affect marine animals in the project vicinity. Consistent with Article VI, section 12 of the City CEQA Guidelines and section 15091 of the state CEQA Guidelines, the project will undertake the follmling 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 Plaza or the 1640 Appian Way parking structure, will avoid or substantially lessen the potential for significant adverse impacts on long term air - 7 - quallty and thus mitigate or avoid the significant environmental effects identified in the Final EIR, section IV-D. (e) The Final EIR determined that without mitigation the project could result in adverse environmental effects with ~espect to noise in the project area (Final EIR, section IV-E). construction activities resulting from project implementation would result in increases in ambient noise levels in the vicinity of the site on 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 not change significantly from existing conditions. 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 mitigation measures which will avoid or substantially lessen potential adverse noise impacts identified: (1) 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 including specific locations for compressors and pumps. (2) Project shall comply with applicable City noise regulations specified in the City Ordinances (Ordinance Numbers 1406 CCS and 1458 CCS); (3) Project contractors shall muffle and shield intakes and exhaust, shroud and shield impact tools, and use - B - electric-powered rather than diesel-powered construction equipment, as feasible, and, (4) Roller coaster rides shall be designed to require and use plastic wheels on metal rails. - 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 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 EIR determined that without mitigation the project could result in an increase in daytime glare and evening illumination in the project area in the following 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 tvou1d be perceptible to motorists, neighbors, and 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 mitigation measures have been required in the proj ect tvhich will avoid or substantially lessen the potential significant environmental effects identified with respect to light 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; - 9 - (2) Exterior building surfaces shall be of a color, material and texture to reduce daytime glare; (3) Outdoor lighting 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 all non-public service areas shall be a minimum level of two footcandles and a maximum level of four footcandles; (7) General night lighting in public areas shall be a minimum level of four footcandles and a maximum level of eight footcandles; and (8) A Zoning Ordinance text amendment shall be obtained to allow the use of lighting that blinks, flashes, oscillates or 1S of unusually high intensity of brightness. 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 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. - 10 - (g) The Final EIR determined that ,,,ithout mitigation the proj ect could result in significant land use impacts in the followJ.ng manner (Final EIR, section IV-I). Residential uses, commercJ.al uses and public facilities all exist within close proximity to one another 1n the Oceanfront District adjacent to the Pier. The project meets the objectives of developing visi tor-commercial uses along the beach. However, the proj ect does not comply vlith 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 Section 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 use: (1) Amend the Zoning Ordinance for development within the Pier Overlay of the RVC District to allow three story/40 foot maximum height limit for structures, and a 113 foot height limit for amusement rides. These measures as vlell 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 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 proj ect could resul t in adverse impacts on the ci ty IS - 11 - right-of-way/public access (Final EIR, Section IV-J). 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 project will undertake the following changes or mitigation measures which will avoid or substantially lessen any potential significant environmental effects identified with respect to right-of-way and public access: (1) Project shall comply with all state and City standards, codes and ordinances regarding the provision of access and parking to the general public and the handicapped: (2) 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. The pedestrian access pathway from the Civic Center site through the RAND Corporation site shall be marked with appropriate signage and the stairs adjacent to the Moss Avenue pumping plant shall be well lighted: (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 permitting up to three lanes in one direction during peak periods: - 12 - (5) seaside Terrace between Ocean Avenue and Appian Hay shall be striped with three lanes (a minimum street width of 36 feet is required). A six foot right-af-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 enter southbound onto Ocean Avenue; (6) Exiting (outbound) traffic shall be allowed to exit from the 1440 lot directly onto southbound Pacific Coast Highway. ~he exit shall be positioned far enough north to allow drivers to maneuver either into the Pacific Coast Highway lane destined toward eastbound I-IO or into the lane toward the Pacific Coast Highway off-ramp to Ocean Avenue. Clear signage shall be provided, including advance warning inside the 14~0 lot, to direct drivers to this exit and into the appropriate lanes for either 1-10 eastbound or Ocean Avenue via Pacific Coast Highway; (7) A 32 foot wide roadway should be constructed, if feasible, under the pier tvhich 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 - 13 - be widened by eli~inating the sldewalk on the north side and relocating the tvlO 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 ambulance lane shall be provided through the Fun Zone to the satisfaction of the Santa Monica Fire and Police 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. These measures, as well as approval of the Fun Zone only project without either the Central Plaza or the 1640 Applan Way parking structure, will avoid or substantially lessen the potential for significant adverse impacts on right-of-way and access and thus mitigate or avoid any significant environmental effects identified in the Final EIR, Section IV-J. (i) The Final EIR determined that without mitigation the proj ect would result in adverse impacts on the Ci ty I S water supply. (Final EIR, Section IV-M). The project will have a net lncrease in water consumption of 55,149 gallon increase per day over existing conditions. 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 mitigation measures vlhich will mitigate or avoid the potential adverse environmental effects identified with respect to water: - 14 - (1) The project shall incorporate water saving devices and techniques and operate the proposed proj ect 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 Director of General Services in order to meet the requirements of the emergency water control ordinance, and (4) the project applicant shall pay a water connection fee to the city prior to issuance of a permit to connect to the water system. These measures, as \-lell 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 water conservation and thus avoid or substantially lessen the significant environmental effects identified in the Final ErR (Final EIR, section IV-M) . (j) The Final EIR determined that without 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 existing 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 - 15 - 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 san~tary sewerage: (1) The applicant shall comply with current and future ordinance provisions regarding sewer capacity allotment in the city: ( 2 ) The proj ect shall incorporate water conservation measures. (3) 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 project and any required improvements to the sewage collection system shall be borne by the project: and (4) A sewerage facilities charge shall be paid to the city before a permit can be issued to connect to the sewer per Section 7190 of Ordinance 1451. 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 sanitary sewerage and thus avoid or substantially lessen the significant environmental effects identified in the Final EIR (Final EIR, Section IV-M). - 16 - (k) The Final EIR determined that without mitigation the proj ect could result in adverse environmental impacts on solid waste (Final EIR, section IV-M). The development and operation of the project would result in a net increase of 33,519 gallons over existing condit~ons. 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 or mltigation measures have been required in the project which will mitigate or avoid the potential significant environmental effects identified with respect to solid waste: (1) The project shall participate in the Santa Monica Recycle program; (2) Trash receptacles sufficient in size and number to contain the trash generated on the parcel 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 not more than eight feet high; (3) Appropriate signage shall be placed in strategic locations on the pier to notify visitors and employees of existing anti-litter laws and regulations; (4) Separate recycling 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 - 17 - be required for all businesses on the P1er. 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 solid waste and thus avoid or substantially lessen the significant environmental effects identified in the Final EIR (Final EIR, Section IV-M). (1) The Final EIR determined that without mitigation the project could result in significant adverse impacts in fire ?rotection in the following manner (Final EIR, Sect10n IV-N and VII-N). Project implementation would increase the need for fire protection and emergency medical serv1ces in the area. Consistent with Article VI, section 12 of the City CEQA Guidelines and section 15091 of the state CEQA Guidelines, the proj ect will undertake the following mitigation measures ~"hich 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 lanei (2) Fire hydrants shall be located on-site with their number and location determined after the Fire Department reviews definitive project plans and specifications; (3) The proposed project shall comply with all applicable state and local ordinances regarding fire prevention and suppressioni and (4) Definitive project plans and specifications shall be - 18 - submitted to the Fire Department, and requirements shall be satisfied prior to issuance of a building permit. '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 in fire protection and thus avoid or substantially lessen the significant envlronmental effects identified in the Final EIR (Final EIR, section IV-N). (m) The Final ErR determined that without mitigation the proj ect could result in significant adverse impacts on police protection (Final EIR, Section IV-N). Project implementation would increase the need for police protection in the area. consistent with Article VI, Section 12 of the city CEQA Guidelines and section 15091 of the state CEQA GUldelines, the project will undertake the following mitigation measures ~vhich will avoid or substantially lessen the potential significant environmental effects identified with respect to police protection: Public spaces, such as stairways, and walkways areas of concealment. (2) All areas of the project shall be well-lighted including alcoves, walkways, and parking lots and shall be designed to minlmize illumination impacts on surrounding land uses; (1) common areas, parking lots, shall be designed to prevent (3) The Police Department be contacted for security design - 19 - 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 design of the project upon completion that shall include diagrams of access routes, and any information that might facilitate police response; and (5) A full police substation shall be provided on the Pier, and it shall be staffed with two police officers, 24 hours a day. These measures, as tV'ell 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 police protection 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 proj ect could resul t in significant adverse impacts on cultural/historic resources in the following manner (Final EIR, Section IV-F). Consistent Ttlith 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 mitigation measures have been required in the project which will avoid or substantially lessen the potential significant environmental effects identified with respect to cUltural/historic resources: - 20 - (1) To the extent feasible and consistent with the public access and project design objectives, the proposed proj ect shall conform to the "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabi~i tating Historic Buildingsn which shall include a project design which is historically and architecturally compatible with the existing structure and shall include preservation of the pier I s historic fabric; (2) The proposed project will require a certificate of Appropriateness by the city I 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 historic preservation; ( 3 ) The entire property shall be photo-documented in its current state before development proceeds. A photographic record shall be made of the exterior historic fabric if preservation of portions of that fabric is not possible. These measures r 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 substantlally lessen the potential for significant adverse impacts on cultural/historic resources and thus mitigate or avoid the significant environmental effects identified in the Final EIR, section IV-P. - 21 - (0) The F~nal EIR deterlnlned that vlithout mitigation the project could result in significant adverse impacts on aesthetics (Final EIR, Section IV-Q). 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 mitigation measures have been required in the proj ect t.,hich wlll mitigate or avoid the potential significant environmental effects identified with respect to aesthetics: (1) During the proj ect IS archi tectura1 review by the Landmarks Commission, the city shall evaluate building mass, height, materials, colors, and perimeter and exterior and interior landscaping to ensure appropriateness for their location. 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 Final EIR (Final EIR, section IV-Q). (p) The Final EIR determined that without mitigation the construction of the project could result in significant adverse impacts (Final 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 measures which will mitigate or avoid the potential significant environmental effects identified with respect to construction: - 22 - (1) California Occupational Safety and Health Admlnistration 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 shall be taken. (3) Securi ty lighting shall be provided at all the construction sites: (4) Uniform Fire Code and Fire Department requirements relating to accessibility to construction sites and fire prevention shall be met including, but not limited to, maintaining adequate fire access paths to the site, maintaining working fire extinguishers at the site and storing all volatile chemicals used in the construction 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.In. 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 well as the approval of the Fun Zone only project without either the Central Plaza or the l6~0 Appian Way parking structure, will avoid or substantially lessen the potential for significant adverse impacts from construction and thus mitigate or avoid any significant environmental effects ldentified in the Final EIR, Section IV-R. - 23 - SECTION 4. The Final EIR found that the development of the fun Zone only project vlithout either the Central Plaza or the 1640 Appian Way parking structure could result in a significant impact to traffic circulation at the intersections of Lincoln Boulevard and the I-IO Hestbound Ramp and Ocean Avenue and the Pacific Coast Highway ramp during the PM peak hours. consistent with Article VI, section 13 of the City CEQA Guidelines and Sections ~5091 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: (a) 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) 'I'he project will provide extended nighttime and multi-season uses: (e) The proj ect 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 historic and unique qualities that distinguish the Santa Monica Pier from other piers and commercial enterprises, - 24 - and (h) The project will emphasize the role of the pier in the community. (i) The project will deliver increased revenues to the City while encouraging increased public access at the Pier. SECTION 5. Further, the city Council finds that the project will undertake the following changes and mitigation measures which will reduce, although not eliminate, the significant impacts identified with respect to traffic and circulat~on: (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 Pica Boulevard (this requires eliminating peak hour parking on Lincoln BOUlevard). This measure, as \vell as the approval of the Fun Zone only project without either the Central Plaza or the 1640 Appian Way parking structure will avoid or reduce the potential impact on traffic circuation, therefore, the City Council finds that, as substantially mitigated by the above spec~fied requirements, the potential impact on traffic and circulation is acceptable. SECTION 6. In the event any of the adverse environmental effects identified in the Final EIR are not considered SUbstantially mitigated within the mean~ng of Article VI, section - 25 - 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 21081.6, the mitigation measures required by this Resolution shall be monitored by the City to ensure their compliance during project implementation in accordance with the requirements of the EIR's mitigation monitoring program (Final EIR, Section VI) and Development Review Permit conditions of approval. SECTION 8. The City Council certifies that the envlronmental review for the project was conducted in full compliance with State and City CEQA Guidelines, that there was adequate public review of the Draft Environmental Impact Report, that the city Council has considered all comments on the Draft Environmental Impact Report and responses to comments, that the Final Environmental Impact Report adequately discusses all significant environmental issues, and that the city council has considered the contents of the Final Environmental Impact Report in its decision-making process. SECTION 9. The city Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. - 26 - APPROVED AS TO FORM: ~ \ow"- . ~""C,. Robert H. Hyers City Attorney ,., / ccpreso l1arch 24, 1992 - 27 - ATTAGIfMtJtr B CA:RMM:tpl14jhpadv City council Meeting 3-31-92 Santa Monica, California ORDINANCE NUMBER (city council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9040.27 REGARDING STANDARDS FOR LIGHTING WHEREAS, in connection with a Development Review permi t application the Pier Restoration Corporation filed an application requesting that section 9040.27 of the Santa Monica Municipal Code regarding property development standards be amended; and, WHEREAS, the Santa Monica Planning Commission held a public hearing concernlng such amendment on February 5 and February 26, 1992; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code section 9040.27 is amended to read as follows: Section 9040.27. Lighting. All outdoor lighting associated with commerical uses shall be shielded and directed away from surrounding residential uses. Such lighting shall not exceed 0.5 footcandles of illumination beyond the property containing the commer ical use and shall not blink, flash, oscillate or be of - 1 - unusally high intensity of brightness, with the exception of amusement rides located on the pier, which may have lights that blink, flash and oscillate. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a declsion of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The city Clerk shall - 2 - cause the same to be pool ished once in the off icial newspaper wlth~n 15 days after its adoption. This ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: f~~.VY~ ROBERT M. MYERS city Attorney - 3 - 'rrr.nJ:.Hh1~r 13 CA:RMM:tp113b/pc/df City council Meeting 3-31-92 Santa Monica, California ORDINANCE NUMBER (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9015.6 REGARDING PROPERTY DEVELOPMENT STANDARDS IN THE RVC DISTRICT WHEREAS, in connection with a Development Review Permit application the Pier Restoration Corporation filed an application requesting that section 9015.6 of the Santa Monica Municipal Code regarding property development standards be amended: and, WHEREAS, the Santa Monica Planning commission held a public hearing concerning such amendments on February 5 and February 26, 1992~ WHEREAS, the City Council of the City of Santa Monica held a public hearing concerning such amendment on March 31, 1992: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code section 9015.6 is amended to read as follows: Section 9015.6. Property Development standards. All property in the RVC District shall be developed in accordance with the following standards: - 1 - (a) Maximum Building Height and FAR. Maximum building height, number of stories and floor area ratio shall be determined as follows: PROPERTIES BOUNDED BY THE FOLLOW- ING STREETS MAXIMUM HEIGHT MAXIMUM NO. OF STORIES MAXIMUM FAR Pier Overlay: a. Santa Monica Pier. The Deavuille site to the north, Sea- side Terrace to the south, The promenade to the west, and Ocean Avenue to the east. Replacement of Sinbad's building only AlDusement rides 30' 2 1.0 40' 3 1.0 b. Parcels fronting on Ocean Avenue. West side of Ocean Avenue from pico Boulevard to Seaside Terrace (Ocean Avenue Fronting Parcels Only) East side of Ocean Avenue to First Court from Colorado Boulevard to California Avenue. Pica Boulevard 45' to Vicente Terrace from west side of Ocean Avenue to The Promenade. 115' for a maximum of one amusement ride; 45' for a maximum of one amusement ridej and 40' for all other amusement rides. 30' 2 .5 45' 3 2.0 45' 3 2.0 3 2.0 - 2 - There shall be no limitation on the number of stories of any hotel or parking structure so long as the height does not exceed the maximum number of feet permitted in this section. (b) Haximum Parcel coveraqe. 70 percent. (c) Minimum Lot size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requ1rement. (d) Front Yard Setback. 35 feet along the west side of Ocean Avenue south of Colorado Avenue, 20 feet on the east side of Ocean and 5 feet on all other streets. (e) Rear Yard setback. 15 feet. (f) side Yard Setback. The side yard setback shall be determined in accordance with the following formula, except for lots of less than 50 feet in width for which the side yard shall be 10% of the parcel width but not less than 4 feet: 5 + (stories x lot width) 50' (g) Development Review. A Development Review Permit is required for any development - 3 - of more than 15,000 square feet of floor area in all other areas of the District, and for any development with rooftop parking. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared inval id or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared 1nvalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ROBERT M. MYERS City Attorney - 4 - A-rrPL.HhtWf is CA:RMM:tpl13/hpadv city council Meeting 3-31-92 Santa Monica, California ORDINANCE NUMBER (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9015.6 REGARDING PROPERTY DEVELOPMENT STANDARDS IN THE RVC DISTRICT WHEREAS, in connection with a Development Review Permit application the Pier Restoration Corporation filed an application requesting that section 9015.6 of the Santa Monica Municipal Code regarding property development standards be amended; and, WHEREAS, the Santa Monica Planning commission held a public hearing concerning such amendments on February 5 and February 26, 1992; and, WHEREAS, the city Council of the City of Santa Monica held a public hearing concerning such amendment on March 31, 1992: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 9015.6 is amended to read as follows: section 9015.6. property Development standards. All property in the RVC District shall be developed in accordance with the following standards: - 1 - (a) Maximum Building Height and FAR. floor area ratio Maximum building height, number of stories and shall be determined as follows: PROPERTIES BOUNDED BY THE FOLLOW- ING STREETS MAXIMUM HEIGHT pier Overlay: a. Santa Monica Pier. 3D' The Deavuille site to the north, Sea- side Terrace to the south, The promenade to the west, and Ocean Avenue to the east. Replacement of existing buildings 40' Amusement rides 115' b. Parcels 30' fronting on Ocean Avenue. West side of 45' Ocean Avenue from Pico Boulevard to Seaside Terrace (Ocean Avenue Fronting Parcels Only) East side of 45' Ocean Avenue to First Court from Colorado Boulevard to California Avenue. pica Boulevard 45' to Vicente Terrace from west side of Ocean Avenue to The Promenade. MAXIMUM NO. OF STORIES MAXIMUM FAR 2 1.0 3 1.0 2 .5 3 2.0 3 2.0 3 2.0 - 2 - There shall be no limitation on the number of stories of any hotel or parking structure so long as the height does not exceed the maximum number of feet permi tted in this Section. (b) MaximUDl Parcel Coverage. 70 percent. (c) MinimUDl Lot size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. (d) Front Yard Setback. 35 feet along the west side of Ocean Avenue south of Colorado Avenue, 20 feet on the east side of Ocean and 5 feet on all other streets. (e) Rear Yard Setback. 15 feet. (f) side Yard Setback. The side yard setback shall be determined in accordance with the following formula, except for lots of less than 50 feet in width for which the side yard shall be 10% of the parcel width but not less than 4 feet: 5 + (stories x lot width) 50' (g) Development Review. A Development Review Permit is required for any development - 3 - of more than 15,000 square feet of floor area in all other areas of the District, and for any development with rooftop parking. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such incons istencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall slgn and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall - 4 - cause the same to be published once l.n the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ROBERT M. MYERS city Attorney - 5 - Attachment C 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-l1 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. II Add the following mitigation measure in the Final EIR, Section E, page IV-E-8 on Noise: " Roller coaster rides shall be designed to require and use plastic wheels on metal rails." Add the following language on page III-F-l, Related 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 approved by any City agency. Although related projects currently under environmental review qualify as probable future projects to be included in a cumulative analysis, the Aquarium project was not included in the 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 projects 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 environment effects of the Aquarium project had been included in the cumulative analysis of the Pier project, the resulting analysis would have erroneously overstated cumulative effects." Findings for the Development Review permit #91-006 for Revised project consisting of the Fun zone and Parking Lot Improvements l. The physical location, size, massing, and placement of proposed structures on the site and the location of proposed - 40 - 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 Code and General Plan, in that, upon the approval of the text amendment required to allow additional lighting 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 implementation of all the required mitigation measures the project will result two unavoidable significant traffic impacts. 6. The proj ect will revitalize the City-owned pier in that preserves its unique character and at the same serves the current and future needs of the community. project will provide: a way time The (a) increased public parking; (b) year round recreational opportunities; (c) extended nighttime and multi-season uses; (d) circulation and access improvements to the area around the pier: (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 (h) increased revenues to the City while encouraging increased pUblic access at the Pier. - 41 - Conditions for the Revised project consisting of the Fun zone and parking Lot Improvements Plans 1. This approval is for those plans included in the Final EIR, a copy of which shall be maintained in the files 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 comply 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. 3. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. construction shall be in conformance with the plans submitted or as modified by the Planning 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. 5. Refuse areas, storage areas and mechanical equipment for the Fun Zone shall be screened in accordance with SMMC section 9040.13-9040.15. Refuse areas shall be of a size adequate to meet on-site need, including recycling. 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 otherwise approved by the Department of General Services, all sidewalks shall be kept clear and passable during the construction phase of the project. - 42 - 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- constructed to the satisfaction of the Department of General Services. Approval for this work shall be ob- tained from the Department of General services prior to 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 si te for the duration of the proj ect construction and shall be produced upon request. As applicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all contractors and sub- contractors as well as the developer and architect: 2) Describe 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 extent of any dewatering and its effect on any adjacent buildings; 8) Describe 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; lO) state whether any construction activity beyond normally permitted hours is proposed: 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; 14) Provide a construction-period parking plan which shall minimize use of public 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 construction period. said sign shall also indicate the hours of permissible construction work. 10. A copy of these conditions shall be posted in an easily visible 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. - 43 - Miscellaneous Conditions lla. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason 0 flights, noise, acti v it ies , parking or other actions. Ilb. The Fun Zone hours of operation shall be limited to 10 a.m. to 10 p.m. Sundays through Thursdays and 10 a.m. to 12 midnight on Fridays and Saturdays and holidays. Validity of Permits 12. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further per- mits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 13. Wi thin ten days of Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the statement of Official Action prepared by the Planning Division, agreeing to the Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute 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 Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 14. This determination shall not become effective for a period of fourteen days from the date of determination or, if appealed, until a final determination is made on the ap- peal. 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 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 Public Resources Code Section 21081.6, the City Planning Division will coordinate a monitoring and reporting program regarding any required changes to the proj ect made in conj unction with project approval and any conditions of approval, in- cluding those conditions intended to mitigate or avoid significant effects on the environment. This program - 44 - shall include, but is not limited to, ensuring that the Planning Division itself and other City divisions and de- partments such as the Building Division, the General Services Department, the Fire Department, the Police De- partment, the Community and Economic Development Department and the Finance Department are aware of project requirements which must be satisfied prior to issuance of a Building Permit, Certificate of Occupancy, or other permit, and tjlat other responsible agencies 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 MEASURES Earth l. During project construction, all grading shall be carefully observed, mapped and tested by he project engineer. All grading shall be performed under the supervision of a licensed engineering geologist and/or soils engineer in accordance with applicable 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 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. Air Quality 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. - 45 - 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 businesses on the Pier. 8. Trash receptacles shall be located 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. 10. lla. lIb. 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. The project shall comply with applicable City noise regulations specified in the City Noise Ordinance (Noise Ordinance Numbers 1406 CCS and 1458 CCS). 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 feasible. Roller coaster rides shall be designed to require and use plastic wheels on metal rails. Light and Glare 12. Project lighting and building materials shall be built and/or installed in accordance with city of Santa Monica ordinances, standards and applicable requirements. 13. Exterior building surfaces shall be of a color, material and texture to reduce daytime glare. 14. Outdoor lighting shall be shielded and directed on-site and downward. 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. - 46 - 16. General night minimum level footcandles. in all public lighting of all public areas shall be a of four footcandles and a maximum of eight This standard shall be applied to lighting parking lots and parking structures. 17. General night lighting of all non-public service areas shall be a minimum level of two footcandles and a maximum level of four footcandles. Right-of-Way/Public Access 18. The project shall comply with all state and city standards, codes and ordinances regarding the provision of access and parking to the general public and the 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 addition, the pedestrian access pathway from the civic Center site through the Rand Corporation site shall be marked with appropriate signage and the 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 cross walks shall be indicated and incorporated into the Promenade at those locations to provide a further indication of pedestrian traffic to motorists. 21. The 1550 Pacific Coast Highway state parking lot access road shall be widened to accommodate a total of four traffic lanes, two inbound and two outbound, shall be provided at the entrance to the 1550 Pacific Coast Highway state parking lot 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 would be required from the parcel on the north side of Seaside Terrace between Appian Way and Seaside Terrace. As required, 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 can be installed to allow two lanes of traffic to enter southbound onto Ocean Avenue. This system should - 47 - minimize delay of motorists exiting the 1550 lot during peak periods. 23. Exiting (outbound) traffic should be allowed to exit from 1440 directly onto southbound Pacific Coast Highway. The Pacific Coast Highway exit should 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. This exit point will allow a majority of the exiting vehicles direct access to the freeway system or to downtown Santa Monica without using the Appian Way, Seaside Terrace, Ocean Avenue routes. Clear signage should also be provided to direct drivers to this exit and into the proper lanes destined for 1-10 or Ocean Avenue. Advance warning signs to this should be provided inside the 1440 parking area to direct drivers to I-IO or Ocean Avenue via Pacific Coast Highway. 24. Appian Way is constrained underneath the Pier ramp. This limits the ability to construct significant road improvements. However, it may be feasible to construct a 32 foot wide roadway under the pier ramp 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. This improvement coupled with a similar improvement on Seaside Terrace will provide three lanes of traffic between the 1550 Pacific Coast Highway parking lot and Ocean Avenue. 25. The sidewalk on the south side of the 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 provided through the Fun Zone to the satisfaction of the Santa Monica Fire and Police Departments. 27. 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. Traffic 28. Lincoln Boulevard at pico Boulevard - restripe the northbound and southbound approaches to add another - 48 - through lane in the northbound and southbound directions. Elimination of peak hour parking on Lincoln Boulevard is necessary. with these improvements the vie ratio and level of service at this intersection is forecast to be 1.49 and F, respectively. Parking 29. The proposed p~oject shall comply with handicapped accessibility requirements as set forth in Title 24 of the state Building Code. utilities \'1ater 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 shall 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 be issued to connect to the water system. Sewer 33. The project shall comply with the provisions of 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 project. Any required improvements to the sewage collections system shall be borne by the project applicant. 35. The project shall be required to pay a sewerage facilities charge to the City before a permit can be issued to connect to the sewer per Section 7190 of Ordinance 1451. Solid Waste - 49 - 36. ~he project shall participate in the Santa Monica 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 designation: 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 tan 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. 38. Trash receptacles sufficient in size and number to contain the trash generated from the uses on the site shall be provided. The city of Santa Monica requires lOC square feet of storage capacity for the first 10,000 square feet under roof, and five square feet of storage capacity for each additional 1,000 square feet under roof. This is a basic guideline, and can be modified, based on collection mode and frequency of collection. 39. Appropriate signage shall be placed in strategic locations on the pier to notify visitors and employees 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 portions of the Pier. 41. Recyclable food service products and shopping bags shall be required for all businesses on the Pier. Public Services Fire Protection 42. No building or portion of a building shall be constructed more than 150 feet from the edge of a roadway or designated fire lane. 43. Fire hydrants shall 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. - 50 - 45. Definitive project plans and specifications shall be submitted to the Fire Department, 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 shall be designed to prevent areas of concealment. 47. All areas of the project shall 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 Police 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 Police Station with a design of the project. The diagram shall include access routes and any information that might facilitate police response. 50. The project shall provide a full police substation on the Pier, and it shall be staffed with two police officers, 24 hours a day. Cultural/Historical Resources 5l. To the extent feasible and consistent with 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, and the Santa Monica pier Design Guidelines". Such conformance shall include a project design which is historically and architecturally compatible with the existing structure and shall include preservation 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 photographic record shall be made of the exterior historic fabric if preservation of portions of that fabric is not possible. - 51 - Aesthetics 54. During landmarks 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 during the construction phase of the project. 56. Safety 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 chance of injuring pedestrians, drivers and beachgoers. 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 the site, maintaining working fire extinguishers at the site and storing all volatile chemicals used in the construction process in a fire resistant place. 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. Findings for the Reduced parking 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. - 52 - 3. Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the zoning Administrator are executed to assure that the required 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 the event permittee violates or fails to comply 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 fully remedied. 2. Within ten days of Planning Oivision transmittal of 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 of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revo- cation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may pos- sess regarding said conditions. The signed statement shall be returned to the Planning Division. Failure to comply with 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 may be permitted if approved by the Di- rector of Planning prior to the expiration of the two year period. Findings for zoning ordinance Text Amendment #91-006 1. 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 adoption of the proposed amendment. Findings for Zoning Ordinance Text Amendment #91-007 1. The proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General. - 53 - 2. The public health, safety, and general welfare require the adoption of the proposed amendment. - 54 - "---/;Vf,t (1/'/'" /felt! /i/rl RE-\L EST.\TE GROUP 2 North Lake Avenue Suite 800 Pandena. C\ 91\01 !lJ8-577-1130 FAX 213.68~-2391 FAX 818-584-9798 ~()I)\(: , J March 31, 1992 Mayor and city council city of Santa Monica 1685 Main street Santa Monica, CA 90401 re: Santa Monica Pier EIR Dear Mayor and city Council: As a former director of t.he Santa Monica Pier Restoration corporation (PRe), I would like to voice my support for the modified development proposal for the Pier to presently include only the development of a new Fun Zone. I urge the Council to approve and support the current plan, leaving open the future addition of a central plaza complex, if and when traffic mitigation measures can be implemented, if in fact it is ultimately determined they are necessary. After serving for five years as a director for the PRe, I am very much of the belief that if the current proposed development plan is sent back for replanning, the entire momentum for the restoration of the pier will be lost and, as a consequence, it will be years before any meaninqful progress in the restoration can proceed. The consequence will be deterioration, not restoration. I ask that the council uphold the vote of the Planning Commission on the EIR and Development Plan. Very truly yours, ~~~!.(~--;- Paul J. Giuntini President PJG:shb Ma~c~ :~ 1932 P~ann~ng Co~m~ss:on Clty 0: Santa ~on~ca Sa4ta Monlca C~~y Hall 1685 Ma~~ st Sa~ta MO~lca, ~A 9040l Dear Co~m~ssloner5' T~e Steerl~g COmffilttee of Santa Monlcans for Renters' Rlghts (SMRR), at lts meetl~g on Saturday, February 29, 1992, after thorough d~Scusslon, voted overwhelmlngly to support the Fun Zo~e deve~opment pla~ for the Santa Monlca Pler, as c~~rently set fort~ by t~e ?~er Restoratlon Corporatlon. ~he Steerlng Commlttee strongly belleves that the Pler lS a recreatIonal resource for Santa Monlca and the entlre reglon WhlCh wl~l be great:y e~hancec ~y the proposed Fun Zone. We sy~pathlze wlth the sentlments of nelghbors who have borne the brunt of maSSlve development along Ocea~ Avenue ln ~ecer.~ years. but ~~e S~eerl~~ Co~mlttee of SMRR IS r.ot pers~aded by the arg~me~~s of ~rltlcs lr. regard to traf:lc, ~c~se or ove~all s~ze of the ~roJect The F~~ Zone WI:: play ar. lmportant role In the ~evl~allzatlcn of the P~er as a recreat10nal center for all of Santa MCfilca, and sho~ld be allowed to go forward. The Steerlng COMffilttee of SMR~ respectfully asks the Plan~lng CO~~lSSlC~ to certlfy ~he ErR and approve the Fun Zone. Than~ ycu~ Slncerely, Brad Jones Co-Cr.a~~ Santa Mon~cans far Renters' R~g~ts ( ; l I1II Killefer flllm~mcng 'urtill Ardtiteds If..~ l!-'I ~~ ~r ~, ~~ '1 )1} ".!.,... ..... f. ; i Y! ~ ~ -, ~ m C!Y'lI7.l; BouJt'/C;'d s..rl~ J.taUIC3. i:A ~~ T.igpkr.e m 199 n7S r~~"de 113 399 t5~5 I J I I .. I J i . , i J .J I I I I I , I . February 26, 199? Plannlr,g Commission City of Santa Monica City Hafl 1685 Main 5t Santa MOnica, CA 90407-2200 RE' Pier Fun Zone , Dear Commissioners, ~ i As a former member of tr.e PIer Task Force, I am wntng to express my support of tl"Je Pier FL.:r1 Zone and urge you to implement the revised Development Program ca!!:ng for tre Fun ZOlie Amus'ement Area. 1 Last week my chIldren were on vacatlon and one of them spent three a;ternoons at the pier ard the other one spent two afternoons. Cfear!y, the pier is a resource 10r tUn - you're outsIde in the oc~an breezes, wha~ could be better? Any kid would tell you a fun zorie WOL:ld be better, and as a parent I agree. This is an opportumty for family entertamment, a place where my chtldren could enjoy the same things I erloyed as a child. ThIS IS a place where my mother could take her grandchildren, ~rd they could all laugh and apprec~te good times together. I What could be better? L f Please approve the Fun Zone. I BFjkak . . February 24, :392 Plan~:ng COmmlSS~On C:ty of Santa Mcnlca Santa Mon~~a Clty Hall 1685 Maln Street Santa Monlca, CA 9040: ~ea~ Co~~~ss~o~er3: As a ~e~be~ of ~he 30arc of the Pler Restoratlon Corporat:on, I ask you to cert:f] the EIR fo~ the Fun Zone ProJect and allow restoratlon 0: the Sar-ta ~onlca ?ler to go forward. Such an entertaln~ent component has been a tradl '::.0::a1 part of the P::.er "experlence" for most of the Pler's ex:s~ence. The proposed Fun Zone wlll provlde enterta:~Ment :or all ages, and wll: help the ?ler to become mere econom~cally self-suff~Clent. : understand that some people have ralsed concerns about trafflc and nOlse I belleve the trafflC lmpact, especlally now ttat the Central ?laza development has been shelved, wlll be mlnar and worth the trouble. As for nOlse, there wlll be some added nOlse, compared to a silent, e~pty pler, bu~ I wc~ld suggest that anyone chooslng to llve next to Sa~ta ~onlca Be3ch and Pler ought to be wllllng to put up w:t~ so~e nOlse durlng normal hours of operatIon. ~he ?~e~ ~3 a reglonal resource WhlCh can be a real treasure for Santa MC~lca, not Just economlcally b~t c~:t~rally and soclally. We need ~un p~bllC spaces that encour~se people to m::.ngie across the usual ~lass bo~nda~::.es Please vo~e ~~ favor of the Fun Zone. SIncerely, w. Bradley Jones ~.d!':?d .3?J-/?'57~ I ~H~ )?g~~ ~L~JMa~ (1 _ #'~-t) L~, ~ '~~L- LZ/~. /. 'd'~Y'dUL~~.yzi [~JAL-jU~# ,0 ' ///~T~~I ~ _vu.!~ ~ //;r~a~ . ')" -',. </7nL'477#)~' I~ ~ ~ t:-It-".~/t& ~~ o,~L, ~-d/ c~n - iT t.~-r!'c.. 6:>>U/ j?N#?/ - cli.cld~Le-t"~--' /2~ ~~: :-/ v c..... , ~ · ! !I~~dkd. ,::4 d.cpv~ iNLC, -tic:. '~t-liJ~~d~~'14 ~ q. . ~ h,J ~k:.eJ ~~?7Ze.b I' "N~'-- [.Liz,~~" _ -4i!~TIl.~~,,:;t;le::J4~.., 4,12/tZt \..?'/,/.t~ .fltE.L./' d~L #~ 'd.Lt'/ ua~., . ~ ,~dL- pu.-w~ ~'e'UdL-.6ve..v~; ~~ t~ a-I..e~ ~ ....& ih..e:( ~ ' ~1tfl?n/ /Z?t.e.-IUi~V' ~~ ~ ..L? UL- ~ h ~t~ a~ 1 · <.47z.~4ifd- L~ ~~.t..> ~L/~'.d U.l-cV'--L/ /H~<<~ tP-#/[d;~~ ye:{;~ pv ~~/ 1? ad!- ~~4(?/4 -?:Y~' RECE!VEC / --&-~~ < ~.~: 1~ ~4#<~'/~Lzt?r~~UL# . }A 7:: _ ,5 '/ ('I.... ..itA dc.., Dr J{' j.1 ~,- M J A " /~ ~"'(J",. L,J "').J ...... ~ / ,J).. - 1 - February 20, 1992 The Honorable Planning Comm1sS1on for the C,ty of Santa Mon,ca 1685 Main Street Santa Monlca, CA. 90401 To Who~ It May Concern: As a res1dent of Santa ~~onlca for 26 years, I have had the oDportunlty and consciously made the cholce to reslde at varlOUS locat1ons through- out the C1ty, all the whlle enJoy'ng the Santa Mon1ca Plerts central locality. However, may I say that I never once during my tranSItions c~ose to res1de next to or near ltlS boundaries due to the slmple fact that I know exactly what the pler stands for, what it offers and it's potentlal for growth ln our communlty. There are those peoD1e who ln the past have come to t~ls beautiful c~ty by the bay and choose on the,r own free wlll to plant the1r roots upon the Santa Monlca P,er's borders and then have the audacity to complain about what our Clty'S landmark gives back to itts cOffimunity. It's not a museum, It's a pier, wlth crowds, noise and rldes. What did they expect? As a native of th,S cIty, I flnd th,S unfa,r and unjust. You see, I've always been brought un to belleve that whoever gets there f1rst has the r1ght of way, or ln th,s case the r1ght to stay and con- t1nue to grow. It seems to me these resIdents who want to stunt the growth of the pler and 1ttS future have forgotten that they made a choice to 1ive there, near and with,n all the ele~e~ts the p1er has to offer, lncludlng ltls potentla1 to grow. t1y chlldhood memor,es of rides on the the famous carousel, picnics, watchlng vows belng exchanged, llstenlng to sounds of the 1nstruments belng played by local talent, sweet smell of cotton candy and popcorn 1n the alr 1S what makes up thlS wooden decked structure supported by p,les and bU11t to extend out 1nto the sea. It makes me sm1le knowing what it has done for my llV1ihood and what it w11l do and has done for the ch,ldren who w1ll and have had the Ilpler exper,ence". Addlng to ~y llSt of memorles could be endless as long as the plan to add new restaurants and a fun-zone arenlt halted by people who lIve near the pler and take advantage of it's heritage and who will continue to complain of ltls structure and growth eventhough it provldes support and shelter from the storms. The Santa Monica Pler 15 like fam,ly to many of it's vlsitors. We've watched lt rise and we've watched lt fall. Uncond1tlonally, wetve suoplled a11 the love and tools needed to reDalr the damage so brutaly beat UDon lt by the past raln stor~s solely lncurred by t~e act of God. Thls pler doesn't deserve the res1stance for growth it is rece1vlng fro~ 1t'S 5urroundlng nelghbors, 1t was there first! And thlS 1S one storm it shouldn't have to weather. ~ ~- - l - Regretfully, I wlll not be able to attend the meeting regarding this lssue on the 26th. However, please know that I support and vote for the growth of Santa Monica's hlstorlc landmark filled with memories for the young and old. Thank you for your tlme and attention to this matter. --- -.- @ B 90404 " Pamela 0 'Connor 906 Nmth St, SUIte 2 Santa Monzca, CA 90403-2810 ! 310/458-2749 RtCt1:tED MAR 3 1 19!J2 l t ~ March 27, 1992 .... o")c Santa ~on~ca c~ty Counc~l Santa Monica City Hall 1685 Main Street Santa Monica. CA 90401 Dear Counc~l Members The Santa Monica P~er is a landmark of the c~ty ~n more ways than one. Of caurse, it has been designated a lICi ty Landmark!'. The Ca~ousel build~ng ~s on the National Register of Histor~c Places. And the Pier is a v~sual landmark for the CIty, its profile reaching out to sea. The ~ain goal of h~storic preservation is the retent~on of architecturally and hlstor~cally significant buildings and ~tructures. In other words, the survivabIlity of build~ngs and structures. A small number of s~gnificant structures will be pristinely restored to a specific period in time. But for most structures to survive they must be adaptatively reused. The Fun Zone project proposed for the PIer restores a historic use of the Pier updated for contemporary life. The project does not negat~vely ~mpact the Pier as a cultural resource. In fact, the project should contr~bute to the v~tatility of this CIty Landmark. I urge your to uphold the Planning Commission approval of the Fun Zone project. Sincerely, ~'--'- / - I Yf.. - II \ / /( )l it~ t'-C' r. \ L- ~ I I I Pamela O'Connor Land~arks Commisslon, Chair \/- bec: Susan Maysalls, PRe February 19, 1992 The Honorable Plann~ng Comm~ss~on for the C~ty of Santa Monica l685 Main street Santa Mon~ca, Ca 90401 To Whom ~t May Concern: I am a resident of Santa Mon~ca who has made contr~but~ons to "SAVE THE PIER". I was very upset to learn that there are people who would try to prevent further restoratlon of the p~er by prevent~ng Santa Mon~ca from add~ng the amusement area and more restaurants. I feel these addit~ons would serve as excellent cornmun~ty areas for our young and old. I cannot attend your rneetlng on the 26th, but if I may use thls letter as a form of votlng, I vote yes for the addltlon of the Fun Zone portlon of the Santa Monlca Pler development plan. Thank you. I ~ncerely, ~\ r I -_ : f',~ J' G . \/J a {, ) , L r_/(~ \ ~ r .I~ ~ ' ' ./ <- ,...... /T ./f; f < ""--. ____\,,\~ AA. ~ CArol A. Harrlson 2l1S Ocean Park Blvd. Santa Monlca, CA 90405 .-- " February 19, 1992 The Honorable Plann~gn Commisslon for the Clty of Santa Monlca 1685 Maln street Santa Monica, Ca 90401 To Whom It May Concern: I have been a resident of Santa Monlca for the past 20 years, durlng that tlme I have seen many changes, one of the most gratLfYlng has been to watch the restoratlon of the Santa MonLca PLer. As a contributor to "SAVE THE PIER" J...t was most rewardlng to see the money was gOlng to be used not only to save the pler but to bUlld a better pJ...er, one wlth a larger amusement area for our chlldren as well as our adults, wlth more restaurants. Recently lt was brought to my attentJ...on that a handful of people that llve along the boardwalk would be 50 selfJ...sh as to try to prevent the restoratJ...on of tnJ...s Santa MonJ...ca land mark. I understand _ there J...S to be a meetlng at cJ...ty hall on tr.e 26th, I cannot attend tnJ...s meetlng, I will be out of town. For the record, my vote ~s to go ahead and bUlld the amusement area along wJ...th the restaurants and gJ...ve Santa MonJ...ca a much needed famJ...ly cornmunlty area. Thank you. SJ.ncerely, J}&O(1 Gerald Shanberg 938 18th street # 1 Santa Monica, Ca 90403 ->, pr:"'- - _'"' r-:::::J D c:;;) . i~'1fl n I~" /'"VI ^ A P0t~: 0 V r; VA ,1l//) ::::; tYJ ' \.../ V V(~j 444 Brannan San Francisco CA 94107 415 '543'5683 Cr;:) I t. to'; 1991 P.R.C. I 1"I"!':~r:'.HED LtL_ ~~_~.-I February 11, 1992 FER 1 i31SS2 PStC. TO: Members of the Santa Monica Planning Commission This year can beco~e the celebration of a decade-long process of creativity and lnvolvement by the PeoDle of Santa Monica and their City Government. Early 1n 1982, a process began by which citizens and other users of the historic Santa Monlca Pier were lnvited by the City, owners and concessionaires on the Pier, and the State Coastal Conservancy, to take part in a unique planning and design effort to save, revive, and rejuvenate their Pier This invitation was accepted with alacrity by scores of people, and in a series of hands-on plannlng workshops they evolved a Concept Plan, use and design guidelines, and imolementation oroposals that would bring new life and vitallty to that beloved place. In January 1983, a devastatlng storm took off the ocean end of the Pier. The plan the people ~ad created was so stron9, that this loss was simply out into the orocess as an additional factor (if an enormous one) to be implemented -- redesign and re- placement of the Pier end. (Since many new uses and redesigns had e~erged in the workshops, Der~aps the loss was not an entirely tragic event!) In June 1986, the flrst actual, three-dimensional result -- aSlde from the related but not plan-lncluded remodelling of the Carousel -- of neople work was dedicated' the new Carousel Park at the land end of the Pier. In April 1990, the official opening of the new West End of the Pier was celebrated. Later thlS year, the wonder- ful new facillties at the ocean end of the Pier will be dedicated and ooened. All of this is excellent news, totally in accordance with the recommendations and mandates of the people who helped plan for the Pier1s future over the decade. It should go without saying that your Commission will aporove the proposals for the only remalnlng element lacking from the peoole1s plan -- the Santa Mo~ica Pier Fun Zone; 1n many ways, the heart of the whole olano Unfortunately, a few negative clouds have obscured this sunny prospect. A Santa Monica variant of the ~H1BY ("Not In My Back Yard") has appeared -- the ~nMFY ("Not In ~ Front Yard"). This soclal obstructionist would violate the mandate of the peoole1s process by asking your Commission to veto the Fun Zone and substitute a oaler, feebler, lack-lustre olacebo which will insure hi~ or her oleasurable sunset hours on condo terraces while the rest of the people mill disconsolately below. For shame! As the person who heloed the peoDle of Santa Monica, the City, and the State Coastal Conservancy produce the Pler gUldelines back in 1982, and one who has faithfully fol- lowed progress since, I urgently request that you approve the Santa Monica Pier Fun Zone on Feburary 26. Don't forget, you are voting for future aenerations as well as Drese~t reslde~ts! Many thanks. - Jiiit 7S1.1:CL<<~ -- . TAKE PART rmAQ1Jrl8J(~ PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT: Santa Monica Pier Development Project NUMBER: See below LOCATION: Santa Monica Pier and 1550 Pacific Coast Hwy. APPLICANT: Pier Restoration corporation CASE PLANNER: Liz Casey REQUEST: Certification of Final EIR #90-007 Approval of Development Review Permit #91-006 for Revised project Approval of Reduced Parking Permit #9l-008 Recommendation to City council for Approval of Zoning Ordinance Text Amendments #91-006 and #91-007 PLANNING COMMISSION ACTION 3/2/92 X Date. Approved based on the following findings and subject to the conditions attached. Denied. other. EFFECTIVE DATE(S) OF ACTION(S) IF NOT APPEALED: 3-l6-92 Case #DR 91-006 3-l6-92 Case #RPP 91-008 EXPIRATION DATE(S) OF ANY PERMITS GRANTED: 3-l6-94 Case #DR 91-006 3-16-94 Case #RPP 9l-008 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S) 3-l6-95 Case #DR 91-006 - 1 - 3-16-95 Case #RPP 9l-00B Findings for the certification of the Final Environmental Impact Report on the pier Development project See Attachment A conditions on the certifieation of the Final Environmental Impact Report on the Pier Development Project The planning Commission directed staff to prepare an addendum to the Final EIR to incorporate the following conditions: Revise the third mitigation measure in the Final EIR, Section B, page IV-B-ll 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 Oepartment of Health Services." Add the following mitigation measure in the Final ErR, section E, page IV-E-8 on Noise: " Roller coaster rides shall be designed to require and use plastic wheels on metal rails." Add the following language on page III-F-l, Related Projects: VOTE Ayes: Nays: " The Aquarium project, proposed to be located on the city owned Deauville site, 1S the subject of a development agreement application, and has not yet completed CEQA analysis or been approved by any city agency. Although related projects currently under environmental review qualify as probable future proj ects to be included in a cumulative analysis, the Aquarium project was not included in the 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 projects 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 environment effects of the Aquarium project had been included in the cumulative analysis of the Pier project, the resulting analysis would have erroneously overstated cumulative effects.1I Mechur, Morales, Nelson, Pyne, Rosenstein Gilpin, Polhemus - 2 - Abstain: 0 Absent: 0 Findings for the Development Review Permit #91-006 for Revised project Consisting of the Fun Zone and parking Lot Improvements l. 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 Code and General Plan, in that, upon the approval of the text amendment required to allow additional lighting on Fun Zone rides, the Final EIR found that the revised project without the Central Plaza and l64Q 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 implementation of all the required mitigation measures the project will result two unavoidable significant traffic impacts. 6. The project will revitalize the City-owned Pier in that preserves its unique character and at the same serves the current and future needs of the community. project will provide: a way time The (a) increased public parking; (b) year round recreational opportunities; (c) extended nighttime and multi-season uses: (d) circulation and access improvements to the area around the Pier; (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: - 3 - (g) uses that will emphasize the role of the pier in the community, and (h) increased revenues to the City while encouraging increased public access at the Pier. conditions for the Revised project consisting of the Fun Zone and ~arking Lot Improvements plans 1. This approval is for those plans included in the Final EIR, a copy of which shall be maintained in the files 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 comply with all other provisions of Chap- ter l, 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. 3. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning 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. 5. Refuse areas, storage areas and mechanical equipment for the Fun Zone shall be screened in accordance with SMMC section 9040.13-9040.15. Refuse areas shall be of a size adequate to meet on-site need, including recycling. 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 otherwise approved by the Department of General Services, all sidewalks shall be kept clear and passable during the construction 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- constructed to the satisfaction of the Department of General Services. Approval for this work shall be ob- tained from the Department of General Services prior to 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 proj ect construction and shall be produced upon request. As applicable, this plan shall 1) specify the names, addresses, telephone numbers and business license numbers of all contractors and sub- contractors as well as the developer and architect: 2) Describe 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 conj unction 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 extent of any dewatering and its effect on any adjacent buildings; 8) Describe 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 proposed; 11) Describe any proposed construction noise mitigation measures: l2) Describe construction-period securi ty measures including any fencing, lighting, and security personnel; l3) Provide a drainage plan; l4) Provide a construction-period parking plan which shall minimize use of public 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 construction period. Said sign shall also indicate the hours of permissible construction work. 10. A copy of these conditions shall be posted in an easily visible 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. Hiscellaneous Conditions - 5 - lla. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. lIb. The Fun Zone hours of operation shall be limited to 10 a.m. to 10 p.m. Sundays through Thursdays and 10 a.m. to 12 midnight on Fridays and Saturdays and holidays. Validity of Permits 12. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further per- mits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 13. within ten days of Planning Division transmittal of the statement of Official Action, project applicant shall sign and return a copy of the statement of Official Action prepared by the Planning Division, agreeing to the Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute 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 Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 14. This determination shall not become effective for a period of fourteen days from the date of determination or, if appealed, until a final determination is made on the ap- peal. 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 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 Public Resources Code section 21081.6, the City Planning Division will coordinate a monitoring and reporting program regarding any required changes to 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 environment. 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 Building Division, the General Services Department, the Fire Department, the Police De- partment, the Community and Economic Development Department and the Finance Department are aware of project - 6 - requirements which must be satisfied prior to issuance of a Building Permit, Certificate of Occupancy, or other permit, and that other responsible agencies 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 MEASURES Earth 1. During project construction, all grading shall be carefully observed, mapped and tested by he project engineer. All grading shall be performed under the supervision of a licensed engineering geologist and/or soils engineer in accordance with applicable 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 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. Air Quality 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. ~. 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 businesses on the Pier. - 7 - 8. Trash receptacles shall be located 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 . 10. lla. lIb. 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. The project shall comply with applicable City noise regulations specified in the City Noise Ordinance (Noise Ordinance NUmbers 1406 cCS and 1458 CCS). 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 feasible. Roller coaster rides shall be designed to require and use plastic wheels on metal rails. Light and Glare 12. project lighting and building materials shall be built and/or installed in accordance with City of Santa Monica ordinances, standards and applicable requirements. 13. Exterior building surfaces shall be of a color, material and texture to reduce daytime glare. l4. Outdoor lighting shall be shielded and directed on-site and downward. l3. 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 minimum level footcandles. in all public lighting of all public areas shall be a of four footcandles and a maximum of eight This standard shall be applied to lighting parking lots and parking structures. 17. General night lighting of all non-pUblic service areas shall be a minimum level of two footcandles and a maximum level of four footcandles. Right-of-Way/public Access - 8 - 18. The project shall comply with all state and city standards, codes and ordinances regarding the provision of access and parking to the general pUblic and the 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 addition, the pedestrian access pathway from the civic center site through the Rand corporation site shall be marked with appropriate signage and the 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 cross walks shall be indicated and incorporated into the Promenade at those locations to provide a further indication of pedestrian traffic to motorists. 21. The 1550 Pacific Coast Highway state parking lot access road shall be widened to accommodate a total of four traffic lanes, two inbound and two outbound, shall be provided at the entrance to the 1550 Pacific Coast Highway state parking lot 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 would be required from the parcel on the north side of Seaside Terrace between Appian Way and seaside Terrace. As required, 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 can be installed to allow two lanes of traffic to enter southbound onto Ocean Avenue. This system should minimize delay of motorists exiting the 1550 lot during peak periods. 23. Exiting (outbound) traffic should be allowed to exit from 1440 directly onto southbound Pacific Coast Highway. The Pacific Coast Highway exit should be positioned far enough north to allow drivers to maneuver either into the Pacific Coast Highway lane destined toward eastbound I-lO or into the lane toward the Pacific Coast Highway off-ramp to Ocean Avenue. This exit point will allow a majority of the exiting vehicles direct access to the freeway system or to downtown Santa Monica without using the Appian way, Seaside Terrace, Ocean Avenue routes. Clear signage should also be provided to direct drivers to this exit and into the proper lanes destined for I-10 or Ocean Avenue. - 9 - Advance warning signs to this should be provided inside the 1440 parking area to direct drivers to I-IO or Ocean Avenue via Pacific Coast Highway. 24. Appian Way is constrained underneath the pier ramp. This limits the ability to construct significant road improvements. However, it may be feasible to construct a 32 foot wide roadway under the Pier ramp 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. This improvement coupled with a similar improvement on Seaside Terrace will provide three lanes of traffic between the 1550 Pacific Coast Highway parking lot and Ocean Avenue. 25. The sidewalk on the south side of the 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 provided through the Fun Zone to the satisfaction of the Santa Monica Fire and Police Departments. 27. 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. Traffic 28. Lincoln Boulevard at pico Boulevard - restripe the northbound 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 Building Code. 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 - 10 - 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 shall 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 gal!ons per day x 2) . 32. The project shall be required to pay a water connection fee to the city before a permit can be issued to connect to the water system. Sewer 33. The project shall comply with the provisions of 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 project. Any required improvements to the sewage collections system shall be borne by the project applicant. 35. The project shall be required to pay a sewerage 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 Monica 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 designation; 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 tan 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. 38. Trash receptacles sufficient in size and number to contain the trash generated from the uses on the site shall be provided. The City of Santa Monica requires 100 square feet of storage capacity for the first 10,000 square feet under roof, and five square feet of storage capacity for each additional 1,000 square feet under roof. This is a - 11 - basic guideline, and can be modified, based on collection mode and frequency of collection. 39. Appropriate signage shall be placed in strategic locations on the pier to notify visitors and employees 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 portions of the Pier. 41. Recyclable food service products and shopping bags shall be required for all businesses on the Pier. Public Services Fire Protection 42. No building or portion of a building shall be constructed more than 150 feet from the edge of a roadway or designated fire lane. 43. Fire hydrants shall 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 Department, 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 shall be designed to prevent areas of concealment. 47. All areas of the project shall 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 Police 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 Police station with a design of the project. The diagram shall include access routes and any information that might facilitate pOlice response. 50. The project shall provide a full police substation on the Pier, and it shall be staffed with two police officers, 24 hours a day. - 12 - cUltural/Historical Resources 31. To the extent feasible and consistent with 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, and the Santa Monica pier Design Guidelines". Such conformance shall include a project design which is historically and architecturally compatible with the existing structure and shall include preservation 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 photographic record shall be made of the exterior historic fabric if preservation of portions of that fabric is not possible. Aesthetics 54. During landmarks 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 during the construction phase of the project. 56. Safety 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 chance of injuring pedestrians, drivers and beachgoers. 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 the site, maintaining working fire extinguishers at the site and storing all volatile chemicals used in the construction process in a fire resistant place. - 13 - 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 Ayes: Nays: Abstain: Absent: Gilpin, Mechur, Morales, Nelson, Polhemus, Rosenstein pyne o o Findings for the Reduced parking 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 required 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 the event permittee violates or fails to comply 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 fully remedied. 2. wi thin ten days of Planning Division transmittal of 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 of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revo- cation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may pos- sess regarding said conditions. The signed statement shall be returned to the Planning Division. Failure to comply with 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. - 14 - 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 may be permitted if approved by the Di- rector of planning prior to the expiration of the two year period. VOTE Ayes: Gilpin, Mechur, Rosenstein o o o Nays: Abstain: Absent: Morales, Polhemus, Nelson, Pyne, Findings for zoning Ordinance Text Amendment #91-006 1. 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 adoption of the proposed amendment. Planning commission Recommendation for zoning ordinance Text Amendment #91-006 l. SECTION 90l5.6 property Development Standards. All proper- ty in the RVC District shall be developed in accordance with the following standards: (a) Maximum Building Height and FAR. Maximum building height, number of stories and floor area ratio shall be determined as follows (new language indicated in bold): PROPERTIES BOUNDED BY THE FOLLOWING STREETS pier Overlay: a. Santa Monica Pier. The Deauville site to the north, Seaside Terrace to the south, The Promenade to the west, and Ocean Avenue to the east HAXIMUM HEIGHT MAXIMUM NO. HAXIMUM OF STORIES FAR 3D' 2 l.O 40' 3 l.O for replacement of sinbad's building only; 115' for a maximum of one amusement ride; 45' for a maximum of one amusement ride; and 40' for all other amusement rides. VOTE ON RECOMMENDATION #1 (AMUSEMENT RIDE HEIGHTS) Ayes: Nays: Gilpin, Mechur, Nelson, Polhemus Morales, Rosenstein - 15 - Abstain: pyne Absent: 0 VOTE ON RECOMMENDATION #2 (REPLACEMENT BUILDING HEIGHTS) Ayes: Nays: Abstain: Absent: Mechur, Morales, Nelson, Polhemus, pyne, Rosenstein Gilpin o o Findings for zoning ordinance Text Amendment #91-007 1. rhe 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 adoption of the proposed amendment. Planning commission Recommendation for Zoning Ordinance Text Amendment #91-007 1. The Zoning Ordinance shall be amended as follows (bold print indicates new language) : SECTION 9040.27. Lighting. All outdoor lighting associated with commercial uses shall be shielded and directed away from surrounding residential uses. Such lighting shall not exceed 0.5 footcandles of illumination beyond the property containing the commercial use and shall not blink, flash, oscillate or be of unusually high intensity of brightness, with the exception of amusement rides located on the pier, which may have lights that blink, flash and oscillate. VOTE Ayes: Nays: Abstain: Absent: Mechur, Morales, Nelson, Polhemus, Pyne, Rosenstein Gilpin o o NOTICE If this is a final decision not subject to further appeal under the city of Santa Monica Comprehensive Land Use 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. - 16 - I hereby certify that this statement of Official Action accurate- ly reflects the final determination of the Planning commission of the city of Santa Monica. signature date Ralph Mechur, Chairperson Please Print Name and Title I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's Signature Print Name and Title pC/pierstoa SF:lc - l7 - ATTACHMENT A RESOLUTION NUMBER (Planning commission Series) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE SANTA MONICA PIER DEVELOPMENT PROJECT WHEREAS, a Notice of Preparation of an Environmental Impact Report was issued on July 23, 1990: and WHEREAS, a publ ic scoping meeting was held on october 25, 1990; and 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 WHEREAS, the Environmental Impact Report and all notices ~yere 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 l55Q parking lot and Deauvi11e property and without either the central plaza or the 1640 Appian Way parking structure substantially reduces the impacts on the environment - 1 - while accomplishing the City's goals and objectives for the Pier, and ~VHEREAS, the Planning commission has reviewed and considered the contents of the Final EIR in its decision-making process, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission finds that the Final Environmental Impact Report adequately reviews and analyzes potential environmental effects of the proposed project and project alternatives. SECTION 2. The Planning Commission makes the following findings, consistent with Article VI, Sections l2 and l3 of the city of Santa Monica CEQA Guidelines and sections l5091 and 15093 of the State of California cEQA Guidelines. (a) (1) The Planning Commission finds that there is no other feasible, reasonable and available alternative to the Fun Zone only project without either the Central Plaza or the 1640 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 goals and objectives for use of the pier as identified in the adopted santa Monica pier Development Program (February 1988). project (2) Further, the Planning commission finds will revitalize the City-owned pier in a that the way that - 2 - preserves its unique character and at the same time serves the current and future needs of the community. The proj ect \"ill provide: (a) increased public parking; (b) year round recreational opportunities; (c) extended nighttime and multi-season uses; (d) circulation and access improvements to the area around the Pier; (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, and (g) uses that will emphasize the role of the Pier in the community. (3) Further, the Planning Commission finds that the project will also deliver increased revenues to the City while encouraging increased public access at the Pier. SECTION 3. The Planning Commission finds that, in response to concerns over the project's potential environmental impacts, the applicant has requested that the commission 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 vIithout mitigation the proposed project could result in significant adverse impacts on - 3 - the natural terrain, subsurface soils, and local geology in the following manner (Draft EIR, Section IV-B). There will be temporary disruption in the project locale during excavation and construction. Project construction will require measures to eliminate the liquefaction potential, such as dewatering and recompaction of soils. The location of the property in relation to 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. consistent with Article VI, Section 12 of the City CEQA Guidelines and Section l5091 of the 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 wi th respect to natural terrain, subsurface soils, and local geology: (1) During project construction, all grading shall be carefully observed, mapped and tested by the proj ect engineer; (2) During project construction, all grading shall be performed under the supervision of a licensed engineering geologist and/or soils engineer in accordance with applicable provisions of the Municipal Code and to the satisfaction of the city1s Building and Safety Division; (3) The two Underground Storage Tanks (USTs) shall be removed in compliance with all applicable regulations of - 4 - the city of Santa Honica, 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 impacts on natural terrain, subsurface soils or local geology and thus mitigate or avoid the significant environmental effects identified in the Final EIR, Section IV-B. (b) The Final EIR determined that without mitigation the proj ect 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 l2 of the city CEQA guidelines and Sections l5091 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 air quality impacts: (l) contractors shall cover any stockpiles of soil, sand and similar material; (2) Construction equipment shall be shut off to reduce idling when not in direct use; - 5 - (3) Low sulfur fuel shall be used for construction equipment; and (4) Contractors shall discontinue construction activities during second stage smog alerts: 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 to short-term air 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 project 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 would result in an increase in long-term daily emissions. Increased daily emissions would be generated by vehicular trips associated with Phase 2 development and would exceed the threshold established by SCAQMD for nitrogen oxides. Consistent with Article VI, section 12 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 Plaza or the 1640 Appian Way parking structure will mitigate or avoid the potential significant environmental effects identified with proposed project with respect to long-term air quality. This change in the project will avoid or substantially lessen the potential for significant adverse impacts on long term air - 6 - quality and thus mitigate or avoid the significant environmental effects identified in the Final EIR, Section 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 proj ect area in the following manner (Final EIR, Section IV-D). Improper disposal of wastes generated by various uses within the proposed project may adversely affect marine animals in the project vicinity. 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 mi tigation 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 Plaza or the l640 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. (e) 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). - 7 - Construction activities resulting from project implementation would result in increases in ambient noise levels in the vicinity of the site on 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 not change significantly from existing conditions. 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 mitigation measures which will avoid or substantially lessen potential adverse noise impacts identified: (1) 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 including specific locations for compressors and pumps. (2) Project shall comply with applicable City noise regulations specified in the city Ordinances (Ordinance Numbers 1406 CCS and 1458 CCS); (3) 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 feasible, and, (4) Roller coaster rides shall be designed to require and use plastic wheels on metal rails. - 8 - 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 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 EIR determined that without mitigation the project could result in an increase in daytime glare and evening illumination in the project area in the following 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, and pedestrian traffic. consistent with Article VI, section 12 of the city CEQA Guidelines and Section 1509l of the state cEQA Guidelines, the project will undertake 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 light 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 shall be of a color, material and texture to reduce daytime glare; (3) Outdoor lighting shall be shielded and directed on-site and downward~ (4) Outdoor lighting shall be reduced or softened after peak - 9 - 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 all non-public service areas shall be a minimum level of two footcandles and a maximum level of four footcandles: (7) General night lighting in public areas shall be a minimum level of four footcandles and a maximum level of eight footcandles: and (8) A Zoning Ordinance text amendment shall be obtained to allow the use of lighting that blinks, flashes, oscillates or is of unusually high intensity of brightness. 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 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 significant land use impacts in the following manner (Final EIR, Section IV-I). Residential uses, commercial 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 - 10 - visitor-commercial 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 Section 1509l of the state CEQA Guidelines, the City finds that the following changes or mitigation measures have been required in the proj ect which will mi tigate or avoid the potential significant environmental effects identified with respect to land use: (1) Amend the Zoning Ordinance for development within the pier Overlay of the RVC District to allow three storyj40 foot maximum height limit for structures, and a ll5 foot height limit for amusement rides. 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 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 the city' 5 right-of-wayjpublic access (Final EIR, Section IV-J). The increased number of visitors expected at the pier as a result of the proposed project could adversely affect the right-af-way and access of pedestrians, bicyclists and motorists. However, the project will undertake the following changes or mitigation measures which will avoid or substantially lessen any potential - 11 - significant environmental effects identified with respect to right-of-way and public access: (1) Project shall comply with all state and city standards, codes and ordinances regarding the provision of access and parking to the general public and the handicapped; (2) 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. The pedestrian access pathway from the civic center site through the RAND Corporation site shall be marked with appropriate signage and the stairs adjacent to the Moss Avenue pumping plant shall be well lightedi (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 permitting up to three 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 - 12 - 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 enter southbound onto Ocean Avenue; (6) Exiting (outbound) traffic shall be allowed to exit from the 1440 lot directly onto southbound pacific Coast Highway. The exit shall be positioned far enough north to allow drivers to maneuver either into the Pacific Coast Highway lane destined toward eastbound I-lO or into the lane toward the Pacific Coast Highway off-ramp to Ocean Avenue. Clear signage shall be provided, including advance warning inside the 1440 lot, to direct drivers to this exit and into the appropriate lanes for either I-lO eastbound or Ocean Avenue via Pacific Coast Highway; (7) A 32 foot wide roadway should be constructed, if feasible, 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 eliminating 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 ambulance lane shall be provided through the Fun Zone to the - 13 - satisfaction of the Santa Monica Fire and Police Departments: (10) The Carousel Park handicapped access ramp shall be brought up to code by installing a continuous handrail along the 19wer segment of the ramp, and a full handrail along the other side of the ramp. These measures, as well as 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 right-of-way and access and thus mitigate or avoid any significant environmental effects identified in the Final EIR, section IV-J. (i) The Final EIR determined that without mitigation the proj ect would result in adverse impacts on the City t 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 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 mitigation measures which will mitigate or avoid the potential adverse environmental effects identified with respect to water: (l) The project shall incorporate water saving devices and techniques and operate 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 - l4 - the project applicant; (3) The project applicant shall pay a water connection fee to the Director of General Services in order to meet the requirements of the emergency water control ordinance, and (4) the project applicant shall pay a water connection fee to the City prior to issuance of a permit to connect to the water system. These measures, as well as the approval of the Fun Zone only proJect without either the Central Plaza or the l640 Appian way parking 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 the Final EIR (Final EIR, Section IV-M). (j) The Final EIR determined that without 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 existing 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 or mitigation measures have been required in the project which will mitigate or avoid the potential significant environmental effects identified with respect to sanitary sewerage: - 15 - (1) The applicant shall comply with current and future ordinance provisions regarding sewer capacity allotment in the city; (2) The proj ect shall incorporate water conservation measures. (3) 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 project and any required improvements to the sewage collection system shall be borne by the project~ and (4) A sewerage facilities charge shall be paid to the city before a permit can be issued to connect to the sewer per Section 7190 of Ordinance 1451. 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 sanitary sewerage and thus avoid or substantially lessen the significant environmental effects identified in the Final EIR (Final EIR, Section IV-H). (k) The Final EIR determined that without mitigation the proj ect could result in adverse environmental impacts on solid waste (Final EIR, section IV-M). The development and operation of the project would result in a net increase of 33,519 gallons over existing conditions. Consistent with Article VI, Section 12 of the City CEQA Guidelines and section l509l of the state CEQA - l6 - 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 solid waste: (l) The project shall participate in the Santa Monica Recycle program; (2) Trash receptacles sufficient in size and number to contain the trash generated on the parcel 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 not more than eight feet high; (3) Appropriate signage shall be placed in strategic locations on the pier to notify visitors and employees of existing anti-litter laws and regulations; (4) Separate recycling 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 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 solid waste and thus - 17 - avoid or substantially lessen the significant environmental effects identified in the Final EIR (Final EIR, Section IV-M). (1) The Final EIR determined that without mitigation the project could result in significant adverse impacts in fire protection in the following manner (Final EIR, section IV-N and VII-N). project implementation would increase the need for fire protection and emergency medical services in the area. Consistent with Article VI, section 12 of the City CEQA Guidelines and Section 15091 of the state CEQA Guidelines, the proJect will undertake the fOllowing mitigation measures which ~vill 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 project plans and specifications; (3) The proposed project shall comply with all applicable state and local ordinances regarding fire prevention and suppression; and ( 4) Defini ti ve proj eet 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 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 - 18 - potential for significant adverse impacts in fire protection and thus avoid or substantially lessen the significant environmental effects identified in the Final EIR (Final EIR, Section IV-N). (m) The Final EIR determined that without mitigation the proj ect could result in significant adverse impacts on police protection (Final EIR, section IV-N). Project implementation would increase the need for police protection in the area. Consistent with Article VI, Section 12 of the City CEQA Guidelines and Section 15091 of the State CEQA Guidelines, the proj ect will undertake the following mitigation measures which will avoid or substantially lessen the potential significant environmental effects identified with respect to police protection: (1) Public spaces, such as common 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 shall 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 design of the project upon completion that shall include diagrams of access routes, and any information that might - 19 - facilitate police response: and (5) A full police substation shall be provided on the Pier, and it shall be staffed with two police officers, 24 hours a day. These measures I 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 police protection 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 could result in significant adverse impacts on cUltural/historic resources in the fOllowing manner (Final 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 following changes or rnitigat~on measures have been required in the project which will avoid or substantially lessen the potential significant environmental effects identified wi th respect to cUltural/historic resources: (1) To the extent feasible and consistent with the public access and project design objectives, the proposed proj act shall conform to the "Secretary of the Interior) s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" which shall - 20 - include a project design which is historically and architecturally compatible with the existing structure and shall include preservation of the Pier's historic fabric; (2) ~he proposed project will 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 historic preservation: (3) The entire property shall be photo-documented in its current state before development proceeds. A photographic record shall be made of the exterior historic fabric if preservation of portions of that fabric is not 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 environmental effects identified in the Final EIR, Section IV-P. (0) 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 VI, Section 12 of the City CEQA Guidelines and section 15091 of the State. CEQA Guidelines, the project will undertake the following changes - 21 - or mitigation measures have been required in the proj ect 'itlhich T,>fill mitigate or avoid the potential significant environmental effects identified with respect to aesthetics: (1) During the proj ect I s archi tectural review by the Landmarks Commission, the city shall evaluate building mass, height, materials, colors, and perimeter and exterior and interior landscaping to ensure appropriateness for their location. 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 Final EIR (Final EIR, section IV-Q). (p) The Final EIR determined that without mitigation the construction of the project could result in significant adverse impacts (Final 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 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 - 22 - barricades and providing construction site warnings shall be taken. (3) Security lighting shall be provided at all the construction sites; (4) Uniform Fire Code and Fire Department requirements relating to accessibility to construction sites and fire prevention shall be met including, but not limited to, maintaining adequate fire access paths to the site, maintaining working fire extinguishers at the site and storing all volatile chemicals used in the construction 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 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 from construction and thus mitigate or avoid any significant environmental effects identified in the Final EIR, Section 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 result in a significant impact to traffic circulation at the intersections of Lincoln Boulevard and the I-lO Westbound Ramp and Ocean Avenue and the - 23 - Pacific Coast Highway ramp during the PM peak hours. Consistent \.lith Article VI, Section 13 of the city CEQA Guidelines and Sections 15091 and 15093 of the State CEQA Guidelines, the Planning Commission 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: (a) 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 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 project will deliver increased revenues to the City while encouraging increased pUblic access at the Pier. - 24 - SECTION 5. Further, the City Council finds that the project will undertake the following changes and mitigation measures which 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 without either the Central Plaza or the 1640 Appian Way parking structure will avoid or reduce the potential impact on traffic circuation, therefore, the Planning Commission finds that, as substantially mitigated by the above specified requirements, the potential impact on traffic and circulation is acceptable. SECTION 6. In the event any of the adverse environmental effects identified in the Final EIR are not considered substantially mitigated within the meaning of Article VI, Section l3 of the City CEQA guidelines, and section 15093 of the state CEQA guidelines, the Planning Commission finds that the benefits of the project outweigh its unavoidable environmental risks for the reasons stated in Sections 2 and 5. - 25 - SECTION 7. Pursuant to Public Resources Code Section 21081.6, the mitigation measures required by this Resolution shall be monitored by the city to ensure their compliance during project implementation in accordance with the requirements of the EIR's mitigation monitoring program (Final EIR, Section VI) and Development Review Permit conditions of approval. SECTION 8. The Planning Commission certifies that the environmental review for the project was conducted in full compliance with state and City CEQA Guidelines, that there was adequate public review of the Draft Environmental Impact Report, that the Planning Commission has considered all comments on the Draft Environmental Impact Report and responses to comments, that the Final Environmental Impact Report adequately discusses all significant environmental issues, and that the Planning commission has considered the contents of the Final Environmental Impact Report in its decision-making process. SECTION 9. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: Robert M. Myers city Attorney w/pierreso January 8, 1992 - 26 - Adopted and approved this 2nd day of March, 1992. Chair I hereby certify that the foregoing Resolution Number was duly adopted by the Planning Commission of the City of Santa Monica at a meeting thereof held on Harch 2, 1992, by the fo~lowing Commission vote: Ayes: commission members: Mechur, Morales, Nelson, Pyne, Rosenstein Noes: commission members: Gilpin, Polhemus Abstain: Commission members: 0 Absent: Commission members: 0 Attest: Paul Berlant Director of LUTH - 27 - ~y / C. f AT~rt. l!y 0 Santa Monica Community and EconomiC Development Department Planning and Zoning DlvIslon (213) 458-8341 APPEAL FORM A ~ L OOS J)l();~( h :3!!. / 114~,-~ C . CcUt1lA.A ~ FEE: $100 00 Date Red ReceMKl by . Receipt No :3 - Ifc ~ q #- 'S'-V E\iAi"2../O c:... \.c: _ -z... 4 C, '1 Name 0 I It ,0 t.. S I fl'\ f 5. () rJ Address Q.. ~ f.\ 't... <!..t\ D t A T8eJ: A <!. ~ Contact Person S(t~ t"M}iJ I C!-f\ Phone ....~9r' - ?'4,e 9 Please descnbe the project and deaSlOrl tl~be appealed SA-1\} TA nLC'::I A) J e..A P \ f... f< 0 E. v F: (,. a Pm c A.J~ .pe O'VF('T ~N(NE:.ceO ,..'~..X.T A-mt:lI.:.OIh~N"S ... ~ 1- 00.... <:&.- '1,-00"7 Case Number ~"b ~ q J - 00 to e IlL q 0 . 00""7 R.. P P q I - 00 ~ Address ~,.JT A hi.. 0 AI <! A- t>l -e:. R.. .... I S" ~ () PA- Q...l'F.1 <!. ~.1I A.cr t\W Y I Applicant PI € ~ (.2..E:." "'C:lJ:~JqTI ()IJ <:t r'1F~ IJ t1 RAT I Q tJ Onglnal hearing date 'J - fl. - q ~ - OngNI actlon . Please state the spectflc reason(s) for !he appeal C,) ThE.. O'f.v€..t-OPm.FIJT r:..ftlLS -ro P<'OJfO~ t4D€"~vt't'~ Pkc(~Ia.A-L- I+('!("€~j 0,(l.... PJI.3.J-IC. oR. fR.IVArt... Q..i:n'tm e.R..elAL vs~. a~ IrJJ"'"f'<Ct-Pt.R.f..S' iJr-rH S()Q:H ()Sf..5 (;i) TI-tC pEV~ L.oPmE.~r ~('-!> ~ f.e~Tfr.T pJil/_fa. v'{~~S" ff?Cfll. A-,;q eDItKJ nit ~ 1'-fl.l'J M. A. e.EOQ..R€A71l1\) AC~fT 'TO ..... I1Lc~6 l1+~ <.!..CAST.. (3) ThE: PEl/€.LOPM't:I.J'T' ,~ ,00 T U-Q/YlpttlPiaJL ~ ~1-r'H THE €'S7!lp l.-/s/+ €P PtH'C~L.,.. SQ.AL ~ "'''" 'H @. AR..e~ (Eli -(HE. OEI1r.LC'PIY\.€:klT fS ,JOT I,.) C!lNFOIt~ln' ~{\f1 THE. c..OQ..AL ~()ArrAL- PI!06e.1ft.l rtJ~IJOI,\)& t3~1 1.)11. LIt'Yl IIEO TO: - ('u(rtl'lJ.,.lLA-1't"F. Ili\PA:<J.T""C;;- .10,... ~Q~\,-:..)ftl'ti.. PA~c. (~fHH::o..~ tj iE OCX?.StJ'f PRonc'..r ~ 11lllo.{..0 f11 ~tJT" ~~c,J, e. ""' J {S ~ If /; ,eFJ"r.V 1?,c. f'S KI1Jlr1 fJ '€ roE s.. ~ '1 l t.:>S,;c.f". Pel OJ(. ~ PI' fC. oF- Q4A-S1~ L P F.,P e.,J 0 EN'- P E.II~ L 0 F/t'l E:T' j;:)(3.&)S,E. C1= ..0i'I~HaoL~()p ft2o~~<;..5: Rfr .~~ p'E.uEL.cPrt\.~ "FA-H.S 1~ A)::1f-_CI1AT~L'i C!.G N <! ~ .t' 0 S. a~ QrT"1 z.e JJ 0 p S R NT A-- (}'to 1J ,<J.lt ( ~ "Q~ (,\ V f\ T"i.. t:; I p,} A,,) ~ I ~ f...,. A JJA; (...-< S f.s t-IRemfP. A,ot1'€ SS fJf3 L.' (!. > A-F r'; . (POL/Q..f_ . FtR F. ftPcJt- f#JU ,qccf.I.f ) r.1lE12- SlQnat\n II adddJonaI space IS needed. use back of bm. Cl\,U _ S1~ .~...._ Date 111 (J,A-lli /0 I (99 ~ ~ List of ADDeal Deadlines* Variance decisions: 14 days (SMMC Section 9113.8) Home Occupation decisions: 14 days (SMMC section 9110.6) Temporary Use permit decisions involving projects having span of 45 days or more: 7 days (SMMC Section 9111.7) Performance Standards Permit decisions: 14 days (SMMC Section 9112.6) Reduced Parking Permit decisions: 14 days (SMMC Section 9133.7) Administrative Approvals (revocation thereof only): 7 days (SMMC Section 9134.5) Ocean Park yard Reduction Permits: 14 days (SKMC section 9151.7) Architectural Review Board decisions: 10 days (SMMC Section 9514) Landmarks Co~mission decisions: 10 days (SMMC section 9613) Conditional Use Permit decisions: 14 days (SMMC Section 9114.8) Development Review P~rmit decisions: 14 days (Section 9115.7) Tentative Map decisions: 10 days (SHMC section 9366) *Appeal periods begin on next business day following the decision. Appeal periods ending on weekends or holidays are extended to the next business day. Appeals must be filed on forms available from Planning and Zoning office and be accompanied by appropriate filing fee. See Santa Monica Municipal Code for more information. k/appeal DKW:bz e/ri 010 ...:JOT AtJJ}L,.VSL SQr7't"'e..~ wf.c~E..~O -rAIlFPIr!- ~I,.e. L-EFT Irnp,q.Q,T€'P IAJ -reR.. 6:<t..<!...7n.v,p t..;;,ITH ol/T iY'1"-16Anc,.J e,A OIOAJe.7 /');:Je:.G,vf't""'~I-'f FtNAt..47.L I(tlPIH!:T OF ,.)0 IS E.. CF (qPE.5 . vjE~ 'ScH.D ThiS Ot::.SQ.eJl"""{O~ IS f3~~'Fi..o O,.J -ntE.. pi'A-7=T SmTt'r'hf'iV{ [F 01=FIQIi1t... 17(17'0";'