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SR-06-26-1979-11ASanta Monica, California, May 16, 1979 TO: Mayor and City Council FROM: City Staff SUBJECT: Lease Agreement and Approval of Environmental Impact Report - Sparks /Endless Wave, Inc. Skate Park Developers Introduction JON 2 €s 1979 This report presents the contract negotiated with Sparks /Endless Wave, Inc. to develop the Skate Park on the City owned Deauville property north of the Santa Monica Pier and the draft Environmental Impact Report for this park. Background October 24, 1978, the City Council approved Sparks /Endless Wave, Inc. as the developer - operator of the Skate Park, and authorized the City Manager to negotiate the terms and conditions of the contract. (See chronology of Skate Park, attached.) March 7, 1979, the Architectural Review Board approved the conceptual design of the facility. April 2, 1979, the draft Environmental Impact Report was approved by the Planning Commission. Lease terms and conditions: Term: (Page 3) 10 years with two (2) rive year options. Rent: (Page 4) ,:Minimum annual $24,000 and 12.5% of the gross amount exceeding $24,000. The annual percentage of the gross is to be reviewed at three (3) year intervals to determine whether it should be adjusted. ,1 U N 2 6 1979 TO: Mayor and City Council May 16, 1979 -2- Hours of Operation: (Page 20) Weather Permitting. Weekdays and Sundays 10:00 a.m. to 10:00 p.m. Fridays and Saturdays 10:00 a.m. to 12 midnight Summer /Seven Days per Week 10:00 a.m. to 12 midnight Repairs and Restoration: (Page 32) A bond of $20,000 to demolish and restore the park to its original state. Hold Harmless: (Page 36) The lessor is to be free from all liability or loss by reason of injury to person or property. Insurance: (Page 38) Lessor shall be named as additional insured by lessee in the amount of $500,000. Security: (Page 53). Lessee will provide security both during and after hours of operation without cost to lessor. 1. Alternatives 1. Council may approve and authorize the City Manager to execute the contract presented with the provision that it go into effect upon approval of the project by the Coastal Commission, and approve the Environmental Impact Report. 2. Council may modify the contract as presented and approve with the provision that it go into effect upon approval of the project by the Coastal Commission, and approve the Environmental Impact Report. 3. Council may approve the contract without condition, and approve the Environ- mental Impact Report. T0: Mayor and City Council _3_ May 16, 1979 4. Council may disapprove the contract and advise the City Manager to renegotiate. 5. Council may disapprove the contract. Recommendation Staff recommends Alternative No. 1 for Council to approve the contract as presented for execution by the City Manager with the provision that it go into effect upon approval of the Coastal Commission and approve the Environmental Impact Report. Prepared by: Donald T. Arnett, Director Recreation and Parks E m .. Attachments CHRONOLOGY OF SKATE PARK 8/16/76 Recreation and Parks reviewed and unanimously approved a proposal for a Skate Park by Bowl Riders, Inc. on the Deauville property. 9/14/76 City Council receives staff report and Commission recommendation. Requests Recreation and Parks Commission to hold public hearing. 10/14/76 Information report sent to Council concerning State refusal for use of parking lots for Skate Park. 1/20/77 Recreation and Parks Commission hold public hearing concerning Skate Park. Large turn -out by youth and parents requesting a park. 5/19/77 Staff directed by Recreation and Parks Commission to investigate availability of System Development Corporation property for Skate Park (not available). 5/24/77 Council directs City staff to investigate feasibility of establishing Skate Parks. 6/77 Planning Commission denies zoning variance request for Skate Park at the corner of Ocean Park and Centinela after public hearing. 7/18/77 Staff report recommends to Council that private developer be used to' develop a skate park on the Deauville property. 8/77 to Proposals sought from private developers. 12/77 -2- 12/12/77 SkaterCross Ltd, recommended by staff to develop skate park. Council rejects all proposals; refers matter to the Recreation and Parks Commission for development of criteria for the skate park. 1/19/78 Recreation and Parks Commission holds public hearing to develop criteria. 2/14/78 City Council approves skate park criteria. 7/13/78 Staff and developer call meeting to discuss skate park with area neighbors who have signed petition against park. Of twenty -three (23) signatures only four (4) people appear. All notified by petition circulator, hand outs and news article. 7/19/78 Reschedule meeting to ensure participation. Only four (4) people appear at the meeting. Originator of petition had personally passed out his letter to attend the meeting to signers of petition. 10/24/78 City Council approved Sparks /Endless Wave, Inc. as developer- .:.. ,. operator of skatepark. Authorized City Manager to negotiate the the terms and conditions of the contract. 3/7/79 Architectural Review Board approved the conceptual design of the facility. 4/2/79 Draft Environmental Impact Report was approved by Planning Conmission. SPARK INC. - ENDLESS WAVE SKATEPARK LEASE AGREEMENT Section I Rec .01 .02 .03 .04 .05 Table of Contents Page itals Purpose of Agreement 1 Lessee's Qualifications 1 Non- Speculation Representation 2 Legal Status of Lessor 2 Legal Status of Lessee 2 II Terms of Agreement Al Fixed Commencement and Termination Dates 3 .02 Holding Over 3 .03 Option to Renew 3 III Rent .01 .02 .03 .04 .05 .06 Amount and Payment procedures 4 Late Payment Penalty 6 No Offsets Against Rent 7 Statements 7 Definitions 8 Books of Account 10 IV Taxes .01 Lessee to Pay Taxes 11 .02 Payment and Furnishing of Receipts or Tax Service 11 .03 Installment Payment 12 i Section Page IV Taxes Cont. .04 Proration For Time 12 .05 Proration For Other Property of Lessor 12 .06 Contest - Surety Bond 12 .07 Separate Assessment of Lessee's Personal Property 13 .08 Indemification of Lessor 13 V Use .01 Description of Use - Approval of Lessor 14 .02 Limits on Use 14 .03 Idemnity For Violation of Law 15 .04 Signs - Lessor's Approval Required 16 .05 Sale of Certain Items Prohibited 16 .06 'Effect of Breach 16 .07 Minimum Program Requirements 16 .08 Minimum Development Requirements 19 .09 Hours of Operation 20 .10 Waste; Nuisance; Unlawful Use Prohibited 21 .11 Representations As To Use 21 VI Construction By Lessee .01 Improvements by Lessee 22 .02 Lessor's Approval of Plans Required 23 .03 Commencement and Completion 26 .04 Soil Tests 27 .05 Notice of Commencement of Subsequent Improvements 29 VII Repairs and Restoration .01 No Responsibility of Lessor 29 .02 Lessee's Duty to Restore Damage or Destruction 30 .03 Demolition Bond 32 .04 Restoration 32 ii Section Insurance Page VIII Mechanic's Lien .02 Insurance Hazards Prohibited .01 Prohibition Against Mechanic's Lien - Indemnification of Lessor 32 .02 Contest by Lessee - Surety Bond 33 .03 Lessor's Rights to Remove Lien 34 .04 Notices of Nonresponsibility and Assignment 34 IX Subletting .01 Lessor's Approval Required 35 .02 Written Assumption Agreement 35 X Indemnification and Hold Harmless .01 Hold Harmless and Indemnification 36 XI Insurance .01 Lessee Obligations 38 .02 Insurance Hazards Prohibited 40 XII Notices .01 Notices 41 XIII Defaults and Remedies .01 Termination by Lessor 42 .02 Other Remedies 4.3 .03 Measure of Damages 44 .04 Continuation of Lease During Breach 44 XIV Surrender and Removal .01 Surrender of Possession 45 .02 Removal of Personal Property 45 iii Section XV Page General Provisions .01 Lessor's Right of Entry and Inspection 46 .02 Lessor's Right to Cure Default 46 .03 Accord and Satisfaction 47 .04 Transfer by Lessor - Release From Liability 47 .05 Joint and Several Liability 48 .06 Entire Agreement 48 .07 Lessee to Obtain Permits 48 .08 Governing Law 49 .09 Interpretation 49 .10 Lessor's Right to Approval and Rejection 49 .11 Liquidated Damages 49 .12 Warranty Against Collusion and Conflict of Interest 50 .13 Relationship of Parties 51 .14 Attorney's Fees 52 .15 Partial Invalidity 52 .16 Unavoidable Delay - Force Majeure 52 .17 Interest 53 .I8 Modification 53 .19 Security 53 Signatures 53 Consent and Agreement by City 53 Consent and Agreement by Sparks, Inc. - 53 Endless Wave Skateparks Exhibit "A" 54 iv LEASE OF PREMISES AGREEMENT made this day of , 1978, by and between the CITY OF SANTA MONICA, a municipal corpor- ation, hereafter referred to as "Lessor," and SPARKS,INC. -- ENDLESS WAVE SKATEPARKS, two California corporations hereinafter referred to as "Lessee." I RECITALS 1.01 PURPOSE OF AGREEMENT In order that Lessee may develope, operate, and install temporary and removable facilities and appurtenances for use and operation of a skate park, Lessor hereby leases to Lessee that portion of Lessor's premises described in Exhibit "A" attached hereto and incorporated herein by this reference. 1.02 LESSEE'S QUALIFICATIONS. Lessor, in reliance upon the representations of Lessee as set forth herein and on the basis of its own investigations, has determined that Lessee is fully qualified to undertake the operation of a skate park upon the demised Ito premises, and in order to permit such operation and development in addition thereto, the Lessor is willing to enter into this Agreement. 1.03 NON - SPECULATION REPRESENTATION. Lessee represents to Lessor that its lease of the property and its other undertakings herein are, and will be, for the purpose of development, use, and control of the skate park and not for speculation in land holding. Lessee acknowledges that the qualifications and identity of Lessee are of a particular concern to the Lessor. Lessee further recognizes that it is because of such qualifications and identity that the Lessor is entering into this Agreement with Lessee. 1.04 LEGAL STATUS OF LESSOR. Lessor -is a municipal corporation duly organized and validly existing under the laws of the State,of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. 1.05 LEGAL STATUS OF LESSEE. Lessee represents that it is a joint venture, validly existing, and in good standing under the laws of the State of California, with power to carry on its business as it is now being conducted. -2- II TERMS OF AGREEMENT 2.01 FIXED COMMENCEMENT AND TERMINATION DATES. The leased land is leased for the term of ten (10) years commencing on 1979 and ending on 19239; subject, however, to earlier termination as hereinafter provided. 2.02 HOLDING.OVER. This Lease shall terminate and become null and void without further notice upon the expiration of the term speci- fied, and any holding over by Lessee after the expiration of said term shall not constitute a renewal hereof or give Lessee any rights' hereunder in or to the leased land. 2.03 OPTION TO RENEW. (a) Lessee is hereby granted and shall, if not at the time in default under this lease, have two (2) options to renew this lease for an additional period of five (5) years each only from the expiration date hereof, but otherwise on the same terms, covenants, conditions, exceptions and reservations herein contained. -3- (b) This option shall be exercised only by Lessee's delivery to Lessor in person or by United States mail on or before one year of the expiration date hereof. (c) In the event that Lessee shall elect to renew this Lease and shall serve notice of such election and the rental for the renewed term is fixed, all as herein provided, the parties hereto shall, on the ex- piration of the term or previously extended term hereof, execute a new lease whereby Lessor shall lease to Lessee and Lessee shall hire from Lessor the leased premises hereinbefore described for the term of five (5) years from the date of the expiration of the term or previously renewed term hereof, but otherwise on the terms, covenants, conditions, exceptions and reservations herein contained. III RENT 3.01 AMOUNT AND PAYMENT PROCEDURES. For and during the term of this lease, Lessee agrees to and shall pay to Lessor, as rent for the leased premises -4- the following: (a) Fixed Sum. The initial minimum annual rental of Twenty Four Thousand ($24,000) Dollars, payable within 10 days of approval by the Coastal Commission, is to be placed in a savings and loan by the Developer /Lessee and the Lessor is to be named, so that the payment cannot be used by the Lessee without the Lessor's approval. The interest earned by the Lessee is to be that of the Lessee and in no way does it defer to the Lessor. (b) After the first year, the minimum annual rental shall be paid in monthly installments of $2,000 on the first day of each month. (c) The minimum rental will be adjusted. annually by the Consumer Price Index plus one (1) percent for the Los Angeles /Long Beach area. This provision applies to the original lease term and to any renewal terms. (d) Percentage of Sales. A sum equal to twelve and one -half (12 1/2) percent of Lessee's gross sales, as hereinafter -5- r defined, made in, on or from the Leased Land during each calendar year of the lease term to the extent that gross sales for such period exceed the sum of Twenty Four Thousand ($24,000) Dollars payable within ninety (90) days after termination of the calendar month (or quarter or year or other) during which said sales were made. Lessor shall review this provision at three (3) year intervals and make necessary adjustments. (e) Acceptance of payments. The acceptance by Lessor of any money paid to Lessor by Lessee as rental for the premises, as shown on any statement furnished by Lessee, shall not be an admission of the accuracy of said statement or the sufficiency of the amount of said rental payment. Lessor shall be entitled at any time within five (5) years after the receipt of any such rental payment to question the sufficiency of the amount thereof and the accuracy of the statement or statements furnished by Lessee to justify the same. 3.02 LATE PAYMENT PENALTY. If any rental payable to Lessor by Lessee pursuant to this Lease is not paid when due, a penalty of ten (100) percent of the amount due and unpaid shall be added to the - amount -when -due - and the - total - sum -shall - immed- iately -6- become due and payable to Lessor. A further penalty of ten (10 %) percent of the amount due and unpaid, including previously assessed penalties, shall be added for each month that said amount remains unpaid. This provision shall in no way restrict the right of Lessor to terminate the Agreement for failure to pay rent as provided for in this Lease. 3.03 NO OFFSETS AGAINST RENT. Lessee agrees that no deductions or offsets shall be made against the rentals accruing and becoming due during the Lease Term.. 3.04 STATEMENTS. Lessee shall: (a) Concurrently with each payment of per- centage rental as herein provided submit to Lessor a statement certified by Lessee as to its correctness showing Lessee's aggregate gross sales and gross sales, as such terms are hereinafter defined made during the calendar year to which the rental applies. (b) Within sixty (60) days after the end of each calendar year during which Lessee shall occupy the Leased Land described pursuant to this lease, Lessee shall submit to Lessor a written statement certified by a certified public accountant, licensed by the State of California, -7- setting forth Lessee's aggregate gross sales and gross sales for the immediately preceeding calendar year. If such statement shows that there has been an overpayment of percentage rental during said year, Lessor shall, within sixty (60) days after receipt of such statement refund to Lessee the overpayment. If such statement shows that there has been an underpayment of percentage rental during said year, Lessee shall, within sixty (60) days after submission thereof to Lessor, pay to Lessor the difference between the sums actually paid and the sums which should have been paid. Absent any errors appearing on the face thereof, or any concealment or fraud on the part of Lessee or his certified public accountant, said statements shall be binding on the parties hereto. 3.05 DEFINITIONS. As used in this Section: (a) Aggregate Gross Sales. The term ag- gregate gross sales means the selling price of all merchandise or services,sold or rendered in, on, or from the Leased Land and by Lessee, its subleases, licenses, or concessionaires, whether for cash or on credit, or both, and includes, but is not limited to, the following: aM. (1) Proceeds from all automatic vending, weighing, and other machines not owned and operated by Lessee in or on the Leased Land; .(2) Commissions received by Lessee from such automatic machines not owned by Lessee but operated in or on the Leased Land; (3) Commissions received by Lessee from the operation of public telephones in or on the Leased Land; (4) Proceeds from sales based on orders solicited or taken in or on the Leased Land for merchandise or service to be delivered or rendered off, or from sources outside of the Leased Land. (b) Gross Sales. The term gross sales means aggregate gross sales less the following deductions to the extent that they have been included in Lessee's present computation of aggregate gross sales or in a prior computation on which percentage rental has been paid to Lessor as herein provided: (1) All credit and refunds made to customers for merchandise returned or exchanged; (2) All sums and credits received in settlement of claims for loss of, or damage - — — to,- merchandise; -- — -- -9- (3) All sales or excise taxes imposed by any governmental body on such sales whether such taxes are separately added to the selling price or included in the selling price thereof, and for which Lessee has to account to such governmental body; 3.06 BOOKS OF ACCOUNT. Lessee .shall at all times keep or cause to be kept on the leased premises [or elsewhere] full, true and ac- curate records and books of account showing all sales of mer- chandise and services [or income derived from the business to be conducted] in, on, or from the leased premises, together with allaxpenditures made, by him, and shall permit Lessor, its agents and employees to inspect and take extracts from said records and books at any and all reasonable times or at any and all times during regular business hours for the purpose of examining and auditing the same without cost to Lessee, and Lessee shall permit Lessor to have the same examined and audited by certified public accountants employed and paid for by Lessor. Lessee shall, on demand furnish to Lessor any and all statements, informationand other supporting data relating to such aggregate gross sales and gross sales as Lessor and his accountants may reasonably require, and Lessor shall keep any information obtained thereby confidential. _10- IV TAXES 4.01 LESSEE TO PAY TAXES. In addition to the rentals, Lessee shall pay and discharge all taxes, general-and special assessments and other charges of every description which during the term of this Lease may be levied upon or assessed against the Leased Land and all interests therein and all improvements and other property thereon, whether belonging to Lessor or to which either of them may become liable. 4.02 PAYMENT AND FURNISHING OF RECEIPTS OR TAX SERVICE. Subject to Lessee's right to pay taxes in in- stallments, as provided below, all payments to be made by Lessee pursuant to this Article shall be made not later than thirty (30) days before any fine,penalty, interest, or costs may be added thereto for nonpayment. Lessee shall furnish the Lessor, within thirty (30) days after the date of payment as provided in this article, with official receipts or photocopies thereof evidencing that the tax has been paid.[Or Lessee shall order and pay for a tax agency service which will report payment and delinquencies of such taxes to Lessor for the term of this Lease.] -11- 4.03 INSTALLINENT PAYMENT. If by any law any such tax is payable or may at the option of the taxpayer be paid in installments, Lessee may pay the tax, together with any accrued interest on the unpaid balance of the taxi, in installments as they become due. 4.04 PRORATION FOR TLME. All such taxes and assessments for the first, and if the Lessee is not in default under this Lease, the last year of this Lease shall be prorated between the Lessor and Lessee on the basis of a tax fiscal year commencing July 1 and ending June 30, 4.05 PRORATION FOR OTHER. PROPERTY OF LESSOR. If the Leased Land is assessed for taxation purposes with other lands of the Lessor, until the Leased Land is separately assessed, all real estate taxes and assessments imposed upon the entire parcel of which the Leased Land is a part shall be prorated and the Lessee shall pay that portion that the area of the Leased Land hereunder bears to the total area of all land within the assessment block. 4.06 CONTEST -- SURETY BOND. Lessee shall have the right to contest the amount or validity of any such imposition by appropriate legal pzoceeding,— but this right shall not be deemed or construed -12- in any way as relieving or modifying or extending Lessee's covenant to pay any such imposition at the time and in the manner as in this article provided. Lessor shall, upon request, join in any such proceedings if Lessee determines that it shall be necessary or convenient for Lessor to do so in order for Lessee to prosecute properly such proceedings, but Lessor shall not be subject to any liability for the payment of any costs or expenses in connection with any such proceedings brought by Lessee. Lessee hereby covenants to indemnify and save- Lessor harmless from any such costs and expenses. Lessee, upon commencing such contest shall deliver to Lessor a good and sufficient surety bond guarantying payment of any taxes, penalties, and interest thereof, found due as a result of such contest. 4.07 SEPARATE ASSESS14ENT OF LESSEE'S PERSONAL PROPERTY. During the Lease Term Lessee shall cause all taxes, assessments, and other charges levied upon or imposed upon any personal property situated in, on, or about the Leased Land to be levied or assessed separately from the Leased Land and not as a lien thereon. 4.08 INDEMNIFICATION OF LESSOR. Lessee shall protect and hold harmless Lessor and the Leased Land and all improvements in, on, or about the same from all liability_for any and all such taxes, assessments, -13- and charges, together with any interest, penalties, or other sums thereby imposed and from any sale or other proceeding to enforce payment thereof. W USE 5.01 DESCRIPTION OF USE - APPROVAL OF LESSOR. During the term, Lessee shall use and occupy the Leased Land for development, construction, installation, maintenance, and operation of a skate park and other facilities incidental to such use and purposes and for such other similar use and purposes as shall first be approved in writing by Lessor. 5.02 LIMITS ON USE. During the Lease Term the Leased Land and all improvements constructed and maintained therein shall be used by the Lessee for the use specified and for no other use or purpose. Lessee shall not use or permit any other person to use the premises, or any part thereof, for any purposes tending to injure the reputation thereof or for any improper or offensive use or to constitute a nuisance; and Lessee shall at all times during said term conform to, and cause all persons using or occupying any part of said premises to comply with, all public laws,- ordinances,- and -- regulations - -from- time -to- -time applicable thereto and to all operations thereon. 5.03 INDEMNITY FOR VIOLATION OF LAW (a) Lessee convenants and agrees to in- demnify and save Lessor harmless from any penalties, damages, or charges imposed for any violation of any and all laws,ordinances, and regulations ap- plicable to the use and occupancy of the Leased Land, whether occasioned by neglect, omission, or willful act of Lessee or any person upon the Leased Land by license or invitation of Lessee or holding or occupying the same or any part thereof under or by right of Lessee. (b) Lessee shall have the right to contest by appropriate legal proceedings, without cost or expense to Lessor, the validity of any law, ordinance, or regulation of the nature herein referred to, if the terms of such law, ordinance, or regulation com- pliance therewith may be legally held in abeyance without subjecting Lessor to any liability of whatsoever nature for the failure so to comply therewith, in which event compliance therewith may be postponed until the final determination of any such proceeding. Lessee, upon commencing such contest, shall furnish to Lessor a document guarantying that Lessor and the Lessor's interest in the Leased Land shall be saved harmless from any penalty, damage, or claim resulting from such contest.- -1 C�_ charge, 0 5.04 SIGNS - LESSOR'S APPROVAL REQUIRED. Lessee shall not construct nor maintain upon the outside of any improvements on the Leased Land, or elsewhere on the land, any billboards or advertising signs except those ap- proved in writing by the Lessor. 5.05 SALE OF CERTAIN ITEMS PROHIBITED. Lessor further covenants and agrees that during the entire term of this Lease and any extensions thereof ., he shall not rent or lease or permit occupation by himself or others of any portion of the foregoing described property or other space in the building or area hereinbefore described in which the leased premises are situated for the sale of alcoholic beverages, including beer and wine, or engage in or permit any other tenant or lessee of said property or in said building or area to engage in the sale thereof in, on, or from said property or building or area . 5.06 EFFECT OF BREACH. It is expressly understood and agreed by the parties hereto that the foregoing covenants and the covenant of Lessee to pay the rent herein provided are independent covenants. 5.07 MINIMUM PROGRAM REQUIREMENTS. In order that Lessee may develop, operate, install, maintain and construct all necessary temporary and -16- removable facilities and appurtenances for use and operation of a skate park, Lessor hereby leases to Lessee that portion of Lessor's land described in Exhibit "A" attached hereto and incorporated herein by reference, with stated minimum program requirements that Lessee must comply with: (a) The snack bar shall be made available for use by skate park patrons and the general public. The design of the snack bar shall prevent the inter- mingling of traffic between patrons of the skate board park and beach users; (b) The skate board repair facilities shall be made available for use by patrons of the skate park; (c) The bike rental shop shall be open to the general public; (d) The pro -shop facilities shall be made available for the sale and rental of safety equipment and accessories; (e) The type of skate park facilities planned, presented to Lessor by written document no later than ten (10) days after approval by the Coastal Commission, -..---must include a preliminary development plan and description of the type of construction materials and methods of surfacing to be used. _17_ (f) Realistic estimates must be presented to Lessor designating the amount of money to be invested in the development of the skate park. An engineer's estimate of the development cost shall be submitted to Lessor. (g) Detailed resumes must be submitted in writing to Lessor showing all relevant experience of the principals involved. (h) All program proposals shall be accompanied with a financial statement certified by a public accoun- tant relating to the qualifications of the prospective developer or principals of the skate park. (i) Preliminary evidence of financing available, including name, amount, and source of credit must be submitted to the Lessor in writing. (j) Safety rules shall be posted, at strategic intervals, to afford notice to skating patrons. (k) Safety equipment subject to the approval of the City's safety representative shall be a requirement for every skater. - -- (1')'- -Every skateboarder - shall - sign - a- release - form relinquishing all rights to hold the Lessor liable for injuries incurred on the premises. M (m) Maintenance of the facilities is the responsi- bility of the Lessee to a standard desired by the Lessor. (n) Skating surfaces shall conform to close quality control tolerance in both construction and main- tenance as necessary for safety. (o) Descriptions of the type of program, hours of operation and possible fees to be charged must be submitted, in writing, and approved by the Lessor. 5.08 MINIMUM DEVELOPMENT RE "QUIREMENTS. Detailed plans designed by a registered Architect or Engineer for all improvements must be submitted to and for approval by City Engineer. Lessee must, in developing and designing the'Skate Park include the following items subject to the approval of the City Engineer and the Recreation and Parks Director: (a) Promenade may be re- routed around the Skate Park on the westerly side only, or remain on its present location, however, the promenade surface area must remain the same. (b) Landscaping must be suitable to the beach environment. (c) Fencing must be adequate to protect the facility and suitable to the environment. -19- (d) Public restrooms must serve the facility. (e) Skateboard areas must be made for the beginner, intermediate, and advanced plus free style and slalom areas. (f) Night lighting of the facility must be maintained with the minimum upward glare and not spill out onto the Pacific Coast Highway. (g) No arcade /game room will be permitted on the Leased Land. (h) Design of skating surfaces shall con- form to the standard necessary for the safety of the skate park users. 5.09 HOURS OF OPERATION. Lessee agrees to and shall, during the entire leased term and any extension thereof, diligently conduct and carry on the business of a skate board park on the leased premises, keeping the leased premises open for business during the following hours, weather permitting: -20- 10:00 a.m. to 10:00 p.m. Weekdays and Sundays 10:00 a.m. to 12:00 Midnight Fridays and Saturdays 10:00 a.m. to 12:00 Midnight Seven days per week during the summer. 5.10 WASTE; NUISANCE; UNLAWFUL USE PROHIBITED. Lessee shall not commit, or suffer to be committed any waste on the leased premises, nor shall he maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 of the California Civil Code, or other definition on the leased premises or use the leased premises for any unlawful purpose. 5.11 REPRESENTATIONS AS TO USE. Lessor makes no warranty or representation of any kind concerning the condition of the leased premises, or their fitness for the use intended by Lessee, and hereby disclaims any personal knowledge with respect thereto, it being expressly understood by the parties hereto that Lessee has per- sonally inspected the leased premises, knows their condition or that they are in good condition and repair , finds them fit for his intended use, accepts them as is hereby waiving the provisions of Section 1941 and 1942 of the California Civil Code and has ascertained that they can, under existing ordinances, be used for the _ purposes hereinbefore limited. -21- VI CONSTRUCTION BY LESSEE 6.01 IMPROVEMENTS BY LESSEE. (a) Lessee shall, at Lessee's sole cost, construct a skate park on the Leased Land. (b) Lessee to Install and Pay for Utilities. Lessee shall determine the availability of and shall, at its sole cost and expense, cause to be installed in, on, and about the Leased Land all facilities necessary to supply all water, sewage, gas, electricity, telephone, and other like services required in Lessee's operations, and during the Lease Term, Lessee agrees to pay all charges and expenses in connection therewith and to protect Lessor and the Leased Land therefrom. (c) Consent of Lessor for Off -Site Improvement Contracts. Lessee shall not enter into any contract or agreement with any city, county, or any governmental agency or body of public utility with reference to sewer lines or connections, water lines or 'connections, street lighting, or utility connections, lines, or easements without the prior written consent of Lessor. -22- (d). Lessee's Share of Off -Site Utilities. Lessee shall reimburse Lessor; upon execution of this Lease, the sum of Three Thousand ($3,000) Dollars, as Lessee's proportionate share of off -site underground electrical and telephone lines to which the Lessee may connect and receive service. 6.02 LESSOR'S APPROVAL OF PLANS REQUIRED. (a) No structure or other improvement, the plans, specifications,,and proposed location of which have not-first received the written approval of Lessor, or which do not comply with such approved plans, specifi cations, and locations, shall be constructed or maintained on the Leased Land. No material addition to or alteration of.any building or structure erected on the Leased Land shall be commenced unless and until plans and specifications covering the exterior of the proposed addition or alteration shall have been first submitted to and approved by the Lessor. (b) Submission of Plans. The Lessee shall, at its own expense, engage a licensed architect or engineer to prepare plans and specifications for the building project and within sixty (60) days after execution of this Lease, shall submit to the Lessor for approval, two (2) copies of detailed working drawings, plans, and specifications or the following materials prepared by the architect or engineer: -23- (1) Drawings and materials in the fort:of plans, elevations, sections, and rendered perspectives sufficient to convey the architec- tural design of the building project to the Lessor; (2) outline specifications in sufficient detail to indicate the general description of the project, the type of structure, the kinds and quality of materials, mechanical and electrical systems to be installed in the project; and (3) The architect's estimate of project construction cost. (c) Approval by Lessor. Lessor will promptly review and approve the plans or note in writing any required changes and corrections which must be made to the plans. Any required changes or corrections must be made and the plans resubmitted to the Lessor within thirty (30) days after the corrections or changes have been noted (d) Approval of Changes in Plans. The Lessee shall submit to the Lessor a statement of any substantial changes in the plans and specifications required to be approved by the Lessor under this section. Failure of the Lessor to object to s-r- h changed plans and specifications within thirty (30) days shall constitute the Lessor's approval -24- of the changes. Minor changes in work or materials, not affecting the general character of the building project, may be made in the plans and specifications at any time without the approval of the Lessor, but a copy of the altered plans and specifications shall be furnished to the Lessor= (e) Exception to Lessor's Approval Requirement. The following items do not require submission to, and approval by, the Lessor of plans and specifications: (1) Such minor repairs and alterations as may be necessary to continue the structures and improvements already placed in a useful state of repair and operation; and (2) Such changes and alterations, either at the time of the original construction or thereafter as may be required by an authorized public official having authority or jurisdiction over such structures or improvements, in order to comply with legal requirements. (f) Effect of Approval. The approval by Lessor of any plans and specifications refers only to the conformity of such plans and specifications to the general architectural plan for the Leased Land. Such plans and specifications are not approved for architectectural or engineering design - - and- Lessor,-by approving such -plans and_ specifications, assumes no liability or responsibility therefor or for -25- any defect in any structure constructed from such plans or specifications. , (g) Submission of Additional Materials. The Lessee shall furnish Lessor with copies of tPe following documents, as soon as they are available: (1) The contract between the Lessee and the architect; _ (2) The contracts between the Lessee and all contractors engaged to work on the building project; and (3) Copies of all plans, specifications, and working papers for the building project, including "as built" drawings. 6.03 CODIMENMIENT AND COMPLETION. (a) Lessee shall commence construction of the building project within forty -five (45) days after execution of this Lease [or specify other event], (b) Time for Completion. Construction of the building project shall continue as expeditiously as possible, and shall be completed and the building project ready for occupancy and use within two hundred ten (210) days after execution of this Lease. (c) Extension. Such time for completion shall be extended for so long as Lessee shall be pre- vented from completing the building project by inter- -26- ferences beyond the reasonable control of Lessee, but in no event to exceed the period of two hundred forty (240) days from the execution of this Lease. (d) Termination for Delaq. If Lessee has not commenced or completed construction by the times specified in this Section, Lessor shall have the right to terminate this Lease on thirty (30) days written notice, (e) Performance Bond. Within thirty (30) days after the execution of this Lease, Lessee shall furnish Lessor with a performance bond in the principal sum of Three Hundred Fifty Thousand ($350,000) Dollars or an amount equal to the cost of the building project which ever is greater. In lieu of the performance and labor and material bonds supplied by Lessee's contractor or contractors. Such bonds must be issued by a company qualified to do business in the State of California and acceptable to Lessor. Such bonds shall insure faithful and full observance and performance by Lessee of all the terms, conditions, covenants and agreements set forth in this article. 6.04 SOIL TESTS. (a) It is understood and agreed that Lessee _27_ has made, or prior to construction of any building hereunder will make, its own tests to ascertain the amount and extent of the present fill or any subsurface or soil condition upon or in connection with the Leased Land and that this Lease is made subject to and without liability because of or resulting from, any fill or il condition upon or in connection any subsurface or so with the Leased Land. Lessor's Approval of Grading Plans. Prior to the commencement of any grading, Lessee shall submit grading and drainage plans to the Lessor for its.approval as provided under Section 6102 showing the existing topography, proposed cut and fill, and proposed finished grade together with calculations off and points of concentration. of anticipated run - Such plans must be prepared and signed by a licensed civil engineer. A soils report prepared by a licensed (soils) engineer or geologist shall be submitted with such grading and drainage plans. All grading work must be conducted under the supervision of a licensed (•soils) engineer. A final certification of grading operations by a recognized soil testing laboratory must be filed with the Lessor upon completion of the grading work. (c) - Drape• Lessee shall not drain -23- or discharge water from the Leased Land onto adjoining land; the Leased Land will be so graded and drained as to cause the discharge of all water on the street adjoining the Leased Land or into an established drainage easement, if any, on the Leased Land. 6.05 NOTICE OF COMMENCEMENT OF SUBSEQUENT IMPROVEMENTS. j Before the commencement of any work of construction of any building, structure, or other improvement on the Leased Land, or of any substantial repairs, alterations, additions, replacement, or restoration in and about said premises as herein provided, Lessee shall give to Lessor written notice thereof,' specifying the nature and location of the intended work and the expected date of commencement thereof. VII REPAIRS AND RESTORATION 1 7.01 NO RESPONSIBILITY OF LESSOR. (a) Lessor shall not be required or obligated to make any changes, alterations, additions, improvements, or repairs in, on, or about the Leased Land, or any part thereof during the term of this Lease. -29- (b) Lessee's Duty to Maintain Premises. At all times during the term Lessee shall, at its cost and expense, keep and maintain said Land and all improvements thereon and all facilities appurtenant thereto in good order and repair and safe condition, and the whole of the Land, improvements, and landscaping in a clean, sanitary orderly and attractive condition. Lessee shall make any and all additions to or alterations or repairs in and about the Land and the improvements which may be required by and shall otherwise observe and comply with all public laws, ordinances, and regulations from time to time appli- cable to the Land; and Lessee shall indemnify and save harmless Lessor against all actions, claims, and damages by reason of Lessee's failure to comply with and perform the provisions of this section. 7.02 LESSEE'S DUTY TO RESTORE DAMAGE OR DESTRUCTION. (a) If during the term hereof any building or improvement erected by Lessee on the Leased Land, or any part thereof, shall be damaged or destroyed by fire, or other casualty, Lessee shall, at its cost and expense, repair or restore the same according to the original plans thereof or to such modified plans as shall be pre- viously approved in writing by Lessor. (b) Commencement and Completion of Restoration. - Such work of repair -or- restoration -shall be commenced within sixty (60) days after the damage or loss occurs and shall MOM 0 be completed with due diligence but not longer than one hundred twenty (120) days after such work is commenced, and such work shall be otherwise done in accordance with the requirements of Article VI. (c) Use of Insurance Proceeds. The insurance proceeds collected and paid for such damage, to the extent available for such purposes, shall be applied to the cost of such repairs, clean -up and restoration, and the unex- pended balance, if any, shall be retained, until the statu- tory period of filing liens after the completion of the . work of clean -up and restoration has expired and no liens have been failed or remain unsatisfied, and until Lessee has furnished to Lessor a certificate of title insurance company doing business in Los Angeles.County, California, certifying that no liens have been filed or remain unsatis- fied of record against the Leased Land; whereupon Lessor shall release to Lessee or its authorized encumbrancer, if any, all of Lessor's interest in any such unexpended insurance proceeds. (d) Failure to Restore. Should Lessee fail or refuse to make the repairs or restoration as hereinbefore provided, or if the authorized encumbrancer of Lessee, if any, after thirty (30) days written notice by Lessor, shall fail, or refuse to undertake and complete such work ---on-behalf-of Lessee, then -in-- either of such -. events-such failure or refusal shall constitute a default under the Me= covenants and conditions hereof and all insurance proceeds so collected shall be forthwith paid over to and retained by Lessor on its own account and Lessor may, but shall not be required to use and apply the same for and to the repair or restoration of the Leased Land, and Lessor may, at its option, terminate this Lease. 7.03 DEMOLITION BOND. It shall be the duty of the Lessee to secure. a demolition bond, in the amount of Twenty -five Thousand ($25,000) Dollars to demolish the skate park in the case of abandonment or termina- tion of the Lease. The amount of the bond is to be reviewed in three (3) year increments with a new estimate determining the amount of money necessary to demolish the skate park. 7.04 RESTORATION Upon termination of the Lease, the Lessor may, at its option, choose to have the leased land: (a) Converted back to its original state by Lessee, at Lessee's expense, by utilizing the demo- lition bond; or, (b) Obtain all rights and interests to the remainir:g improvements situated on the Leased Land. VIII MECHANIC'S LIEN 8.01 PROBHIBITION AGAINST MECHANIC'S LIEN - INDEMNIFICATION OF LESSOR -32- Lessee shall not suffer or permit to be enforced against the Leased Land, or any part thereof, any mechanic's material - man's, contractor's, or subcontractor's lien arising from or any claim for damage growing out of the work of any construction, repair, restoration, replacement, or improvement, or any other claim or demand 'howsoever the same may arise, but Lessee shall pay or cause to be paid all of such liens, claims, or demands before any action is brought to enforce the same against the Land; and Lessee agrees to indemnify and hold Lessor and said Land free and harmless form all liability for any and all such liens, claims and demands, together with reasonable attorney's fees and all costs and expenses in connection therewith. 8.02 CONTEST BY.LESSEE - SURETY BOND. If Lessee shall in good faith contest the validity of any such lien, claim, or demand, then Lessee shall, at its expense, defend itself and Lessor against the same and shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against Lessor or the Leased Land, upon the condition that if Lessor shall require, Lessee shall furnish to Lessor a surety bond satisfactory to Lessor in an amount equal to such contested lien, claim, or demand indemnifying Lessor against liability for the same, and holding the Leased Land free from the effect of such lien or claim or if Lessor shall request, Lessee shall procure and record a bond freeing the Leased Land from the effect of such lien or claim or action thereon. -33- 8.03 LESSOR'S RIGHTS TO REMOVE LIEN. If Lessee fails to discharge such lien or furnish a bond against the foreclosure thereof as provided by the statutes of the State of California, Lessor may, but is not obligated to discharge the same or take such other action as Lessor deems neces- sary to prevent a judgment of foreclosure upon said lien from being executed against the.property and all costs and expense, including reasonable attorney's fees incurred by Lessor, shall be repaid by Lessee upon demand and if unpaid may be treated as additional rent. 8.04 NOTICES OF NONRESPONSIBILITY Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Lessor, expressed, or implied, by :inference or otherwise, to any contractor, subcontractor, laborer, or material - man for the performance of any labor or the furnishing of any materials for any specific improvement, alteration, or repair of or to the Leased Land, any buildings or improvements thereof, or any part thereof. Lessor shall have the right at all reasonable times to pose and keep posted on the Leased Land such notices of nonresponsibility as Lessor may deem necessary for the protec- tion of Lessor and the fee of the Leased Land from mechanic's and materialman's liens. -34- Ix SUBLETTING AND ASSIGNMENT 9.01 LESSOR'S APPROVAL REQUIRED. (a) Lessee shall not sublet the Leased Land in whole or in part without the prior written consent and ap- proval of Lessor. (b) Termination. Should Lessee attempt to sublet the Leased Land without the Lessor's approval, thereupon Lessor may, at its option', terminate this Lease forthwith by written notice and upon such termination this Lease shall cease and end and be of no further force and effect, except as hereinafter otherwise provided. 9.02 WRITTEN ASSU14PTION AGREEMENT. In the event that Lessor gives consent and approval to any sublease, then before such transaction or sublease becomes effective for any purpose, the sublessor must, in writing, assume all obligations of this Lease and sublessee must agree in writing, to be bound by all terms of the Lease without in any way limiting releasing or discharging the original Lessee from any liability under any provision of this Lease on account of such sublease. n 9.03 Lessee shall not assign this lease or any portion thereof without the express written consent of Lessor. Any purported assignment without the express written consent of the Lessor shall be void and of no effect. -35- X INDEMNIFICATION AND HOLD HARMLESS 10.01 HOLD HARMLESS AND INDEMNIFICATION. (a) This Lease is made on the express condition that Lessor is to be free from all liability or loss by reason of injury to person -or property, from whatever cause, while in or on the premises, or in any way connected with the premises or with the improvements or personal property .therein or thereon, including, but not by way of limitation, any liability for injury to the person.cr property of Lessee, its agents, officers and employees. Lessee hereby covenants and agrees to, and shall, indemnify the Lessor and save it harmless from any and all liability, loss, costs, or obligations-on account of, or arising out of, any such injuries or losses however occurring, including consequential damages. (b) Lessee, as a material part of the considera- tion of this Lease, hereby waives all claims against Lessor for damages to goods, wares, merchandise, buildings, instal- lations or other improvements in, upon, or about the premises, and for injuries to Lessee, his agents or employees or persons in and about the premises from any cause arising at any time. Lessee will hold Lessor exempt and harmless from any damages or injury to person, -or -to the - goods, wares, -36- merchandise, facilities or any property of any person arising from the use of the premises by Lessee or from the failure of Lessee to keep the premises in good condition repair, as herein provided, when such damage or injury shall be caused in part or in whole by the negligence or fault of, or ommissions of any duty with respect to the same by Lessee. Lessee further expgessly waives all rights under Section 1542 of the Civil Code of California as it now provides or may hereafter be amended. Section 1542 reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in its favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." (c) Lessee accepts the premises and any other improvements on the premises in their present condition, and is without any representation or warranty by Lessor as to the condition of such, or as to the use or occupancy which may be made thereof and the Lessor shall not be responsible for any latent defect or change of condition in the premises, or improvements thereon, or for any change in the condition or for any damage occurring thereto, or because the existence of any violations of any state, county, or municipal statutes, laws or regulations. -37- XI INSURANCE 11.01 LESSEE OBLIGATIONS. Lessee agrees to and shall, within 10 days from the approval by the Coastal Commission, secure from a good and responsible company or companies doing insurance business in the State of California, and maintain during the entire term of the Lease, the following insurance coverage: (a) Lessee's Liability Insurance. Lessee shall, at its cost and expense, at all times during the Term of this Lease, maintain in force, for the joint benefit of Lessor and Lessee, a broad form comprehensive coverage policy of public liability insurance by the terms of which Lessor and Lessee are named as insured and are indemnified against liability for damage or in- jury to the property or person (including death) of any Lessee or invitee of Lessee or any other person enter- ing upon or using the Leased Land, or any structure thereon, or any part thereof, and arising from the use and occupancy thereof. Such insurance policy or policies shall be maintained on the minimum basis of $300,000 for damage to property and $500,000 for bodily injury or death in any one accident. Such insurance policy or policies shall be stated to be primary and noncontributing with any insurance which may be carried by Lessor, and Lessee shall deliver to Lessor the certificate of each insurance carrier as to each such insurance policy. (b) Additional Insured. Lessor and Lessee agree that the other shall be named as an additional insured on the aforementioned policies of insurance. (c) Proof of Coverage. Within 10 days after approval by the Coastal Commission, Lessee shall deposit with Lessor the certificate of the insurance carrier as to each policy of such insurance and satisfactory evidence of the payment of premiums and other charges. (d) ' Non- C'ancellat`ion Without Notice Clause. Said policies shall contain a non - cancellation without notice clause and shall provide that copies of all cancellation notices shall be sent to Lessor. Said policies shall not be cancelled or altered without thirty (30) days prior written notice to the Lessor. (e) Failure to Secure. If Lessee at any time during the term hereof should fail to secure or maintain the foregoing insurance, the Lessor shall be permitted to obtain such insurance in the defaulting party's name or as the agent -39- of the defaulting party and shall be compensated by the defaulting party for the cost of the insurance premiums. The defaulting party shall pay the other interest on said insurance premiums at the rate of eight (8) percent per annum computed from the date written notice is received that the premiums have been paid. (f) Proceeds of Policies. Proceeds from any such policy or policies shall be payable to the Lessor, primarily, and to the Lessee, secondarily, if necessary. (g) Changes in Policies Clause. Said policies shall contain a clause which requires that all changes or modifications in policies shall, in writing, thirty (30) days prior to change or alteration, be sent to the Lessor. 11.02 INSURANCE HAZARDS PROHIBITED. Lessee shall not commit or permit any act or acts in or on the leased premises or use the leased premises or suffer them to be used in any manner which will, increase the existing fire, liability, and other insurance rates on the 16ased premises or on the building in which the leased premises -are situated or which will cause a concellation of any insurance policy covering said premises or building or any part thereof. Lessee shall not keep, hold, store, use or sell in or on the leased premises any product or article prohibited by the standard form fire insurance policy, as it now exists or may hereafter provide, covering the said premises or building and its contents , or permit or suffer any such product or article to be kept, held, stored, used, or sold in or on the leased premises, and Lessee shall, at his sole expense, comply with any and all requirements of Lessor's insurance carriers pertaining to the leased premises necessary for the continued maintenance or reasonable fire and liability insurance of said premises or building, its contents, and appurtenances. 12.01 NOTICES• XII MnMTnvC -41- (a) All notices, payments, demands, requests or approvals which are required under this Lease or which either Lessor or Lessee may desire to serve upon the other shall be in writing and shall be conclusively deemed served when delivered personally, or forty -eight (48) hours after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. (b) All notices, demands, requests or approvals from Lessee to Lessor shall be addressed to City Manager at 1685 Main Street, Santa Monica, California 90401. (c) All notices, demands, requests or approvals from Lessor to Lessee shall be addressed to Sparks, Inc. - Endless Wave Skateparks, 1520 Arizona Avenue, Santa Monica, California. XIII DEFAULTS AND REMEDIES 13.01 TERMINATION BY LESSOR. Should Lessee (a) fail to pay or cause to be paid any tax, assessment, insurance premium, lien, claim, charge, or demand herein provided to be paid or caused to be paid by Lessee at the times and in the manner herein provided; or (b) default in the payment of any installment of rent or any other- -sum when -due as herein provided;- or -(c)- -fail to- commence or to complete the construction, repair, restoration, or -42- demolition of the building and other improvements in and about the Leased Land within the times and in the manner herein provided; or (d) fail to commence and thereafter to continuously conduct its operations thereon within the times and in the manner herein provided; or (e) fail to use, maintain, and operate the Land as herein required, or abandon the property; or (f) default in the performance of or breach any other covenant, condition, or restriction of this Lease herein provided to be kept or performed by Lessee; (g) fail to acquire insurance; and if anv such default or breach shall continue uncured for a period of sixty (60) days from and after service upon Lessee of written notice by Lessor, then and in any such event, Lessor may, at its option., terminate this Lease by giving Lessee written notice and thereupon the rights of Lessee in and to the Leased Land and all improvements thereon shall cease and end, and Lessor may, without further notice or demand or legal process, reenter and take possession of said Land and all and all persons claiming improvements thereon and oust Lessee under Lessee therefrom, and Lessee and all such per shall quit and.surrender possession of said Land and all improvements thereon to Lessor. 13.02 OTHER REMEDIES. Any termination of this Lease as herein pro- vided- shall not relieve Lessee - from - the - payment of- any sum or sums that shall then be due and payable to Lessor hereunder or any claim for damages then or theretofore accruing against Lessee hereunder, and any such termination shall not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessee for any default thereunder. All rights, options, and remedies of Lessor contained in this Lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this Lease. No waiver by Lessor of a breach of any of the covenants, conditions, or restrictions of this tease shall be construed or held to be a waiver of'any succeeding or preceding breach of the same or any other covenant, condition, or restriction herein contained. 13.03 MEASURE OF DAMAGES. In addition to any of the above, the damages that Lessor may recover under this Lease include the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award or any shorter period exceeds the amount of such rental loss for the same period that Lessee proves could be reasonably avoided. 13.04 CONTINUATION OF LEASE DURING BREACH. _ At Lessor's option,..if.Lessee.has_ breached_ this lease and abandoned the property, no notice of termination -44- will be given, and this Lease will continue in effect for so long as Lessor does not terminate Lessee's right to possession. Lessor may in that case enforce all his rights and remedies under this Lease, including the right to recover rent as it becomes due. XIV SURRENDER AND REMOVAL 14.01 SURRENDER OF POSSESSION. Upon the expiration of the Leased Term or any earlier termination thereof, Lessee shall surrender to Lessor possession of the Leased Land and leave premises in the same condition as received, with the aid of the demolition bond, at total expense to Lessee. 14.02 REMOVAL OF PERSONAL PROPERTY. If Lessee shall not then be in default under any of the convenants and conditions hereof, Lessee may remove or cause to be removed all movable furniture, furnishings, and equipment installed in the buildings on the Land. Any of said personal property that is not removed from 'said premises within thirty (30) days after the date of any termination of this Lease thereafter shall belong to Lessor without the payment of any consideration. -45- I XV GENERAL PROVISIONS 15.01 LESSOR'S RIGHT OF ENTRY AND INSPECTION. Lessee shall permit Lessor or Lessor's agent representatives, or employees to enter upon the Leased Land for the purpose of inspection, determining whether agreements in this Lease are being complied with, for purposes of main- taining, repairing or altering the Land, or for the purpose of showing the Land to prospective Lessees, purchasers, mort- gagees, or beneficiaries under Trust Deeds. 15.02 LESSOR'S RIGHT TO CURE DEFAULT. In the event Lessee shall fail to pay and discharge or cause to be paid and discharged, when due and payable, any tax, assessment, or other charge upon or in con- nection with the Leased Land, or any lien or claim for labor or material employed or used in or any claim for damages arising out of the construction, repair, restoration, replacement, maintenance, and use of the Land and the improvements, or any judgment on any contested lien or claim, or any insurance premium or expense in connection with the Land and improvements, or any other,claim, charge, or demand which Lessee has agreed to pay or cause to be paid under the covenants and conditions of- this- - Lease.,_. and if Lessee, after- -ten (10) days written notice from Lessor so to do, shall fail to pay and discharge the same, then Lessor may, at its option., pay any such tax, assessment, -46- insurance expense, lien, claim, charge, or demand, or settle or discharge any action therefor, or judgment thereon, and all costs, expenses, and other sums incurred or paid by Lessor in connection with any of the foregoing shall be paid by Lessee to Lessor upon demand,.together with interest thereon at the rate of seven (70) percent' per annum from the date incurred or paid, and any default in such repayment shall constitute a breach of the covenants and conditions of this Lease. 15.03 ACCORD AND SATISFACTION. No payment by Lessee or receipt by Lessor of a lesser amount than the rental shall be deemed to be other than on account of the rental, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Lessor may accept such check or payment without prejudice to Lessor's right to recover the balance of the rental or pursue any other remedy provided for in this Lease. 15.04. TRANSFER BY LESSOR -- RELEASE FROM LIABILITY. In the event Lessor shall sell or transfer the Leased Land or any part thereof and as a part of such transaction shall assign its interest as Lessor in and to this Lease, then from and after the effective date of such sale, assignment, or transfer, the Lessor shall have no further liability under this Lease to the Lessee except as to matters of liability A7 4 which shall have accrued and are unsatisfied as of such date, it being intended that the covenants and obligations contained in this Lease on the part of Lessor shall be binding upon Lessor, and its successors and assigns only during and in respect of their respective successive periods of ownership of the fee. 15.05 JOINT AND SEVERAL LIABILITY. If more than one Lessee or Lessor is named under this Lease the obligation of all such Lessees or Lessors shall be and is joint and several. 15.06 ENTIRE AGREM ENT. This.Lease contains the entire agreement of the parties with respect to the matters covered by this Lease, and no other agreement, statement, or promise made by any party, or to any employee, officer, or agent of any party, which is not contained in this Lease shall be binding or valid. 15.07 LESSEE TO OBTAIN PERMITS. The Lessee shall agree to handle all forms and appearances before the Coastal Commission, Architectural Review Board, Recreation and Parks Commission, and City Council, including but not limited to, preparation and submission of an Environmental Impact Report, if necessary, and any other necessary permits and requirements to gain approval of skatepark. 15.08 GOVERNING LAW. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties, shall be interpreted and construed pursuant to the laws of the State of California. 15.09 INTERPRETATION. The terms and renditions of this Agreement shall be construed pursuant to their ordinary meaning and shall not be interpreted against the maker. 15.10 LESSOR'S RIGHT OF APPROVAL AND REJECTION. (a) Lessor reverves the right to reject any and all proposals, and to waive all minor irregu- larities. (b) Both the initial Program Development Proposal and the final working drawings and engineering specifications are subject to the approval of the Director of Recreation and Parks, City of Santa Monica (Lessor). 15.11 LIQUIDATED DAMAGES. It is agreed that in the event of a breach of this agreement it would be impractical or extremely difficult to fix the actual damages and therefore the Lessee agrees that on its breach of this agreement they will pay to the Lessor -49- l i as liquidated damages and not as a penalty the sum of $2,400 dollars which represents a reasonable compensation for the loss incurred because of such breach. 15.12 WARRANTY AGAINST COLLUSION AND CONFLICT OF INTEREST. Sparks, Inc.. - Endless Wave Skateparks (Lessee) hereby represents, warrants and agrees as follows: (a) Neither it nor its agents, servants or employees has any financial interest in any construc- tion firm or consulting firm which could, in any manner, benefit from the results of Sparks, Inc.- Endless Wave Skateparks' development lease agreement. (b) Neither it nor its agents, servants or employees has in the past received, or is presently receiving, income from any of the above said organizations. (c) Neither it nor its agents, servants or employees has had or is presently having any part in setting or fixing the prices for outside consulting services or construction services with reference to the matters relating to the subject matter of this agreement. (d) Neither it nor its agents, servants or employees has agreed with any person with regard to the results or proposed results of the services -50- 't contemplated by this agreement, and any recommendations shall reflect the totally independent judgment of Sparks, Inc. -- Endless wave Skateparks (Lessee). (e) Each provision of this Lease and each provision of this warranty, representation, and agreement is expressly for the benefit of the parties hereto and any other person, firm, corporation, or class of persons, firms or corporations which could be affected by a viola- tion of said agreement, warranty or representation. (f) In rendition of its services hereunder, Sparks, Inc. -- Endless wave Skateparks (Lessee) shall act solely as an independent developer /contractor and shall not act or purport to act as an agent with any authority to represent or bind Lessor. 15.13 RELATIONSHIP OF PARTIES. Nothing contained in this Lease shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between Lessor and Lessee, and neither the method of computation of rent nor any other provisions contained in this Lease nor any acts of the _parties shall be deemed to create any relationship between Lessor and Lessee, other than the rela- tionship of Lessor and Lessee. -51- 15.14 ATTORNEY'S FEES. In the event Lessor shall bring any action or proceeding for damages for an alleged breach of any provision of this Lease, to recover rents, or to enforce, protect, or establish any right or remedy of either party, the Lessor shall be entitled to recover as a part of such action or proceedings reasonable attorney's fees and court costs. 15.15 PARTIAL INVALIDITY If any term, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall- remain in full force and effect and shall in no way be affected, impaired, or invalidated. 15.16 UNAVOIDABLE DELAY -- FORCE MAJEURE. If either party shall be delayed or prevented from the performance of any act required by this Lease by reason of acts of God, strikes, lockouts, labor troubles, inability to procure materials, restrictive governmental laws, or regulations or other cause, without fault and beyond the reasonable control of the party obligated (financial inability excepted), performance of such act shall be excused for the period of the delay; and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay, provided, however, nothing in this section shall excuse Lessee from the prompt payment of any rental or other charge required of Lessee -52- except as may be expressly provided elsewhere in this Lease. 15.17 INTEREST Any sum accruing to Lessor or Lessee under the provisions of this Lease which shall not be paid when due shall bear interest at the rate of eight (8) percent per annum from the date written notice specifying such nonpayment is served on the defaulting party, until paid. 15.18 MODIFICATION. This Lease is not subject to modification except in writing. 15.19 SECURITY. The Lessee at no expense to the Lessor shall provide security patrols to prevent the Skate Park from being used after hours, and to prevent improper use during hours of operation. EXECUTED at day of , 1979. California on the SPARKS, Inc. - ENDLESS CITY OF SANTA MONICA WAVE SKATEPARKS A Municipal Corporation Two Corporations (Lessor) (Lessee) By: By: S ARKS, INC. By -;��� ENDLESS WAVE S KATEPARKS APPROVED AS TO FORM: -53- City Manager LEGAL DESCRIPTION Lots 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26 and 27 of Tract No. 1940 in the City of Santa Monica, in the County of Los Angeles, State of California, as per map recorded in Book 22, Page 15 of Maps, in the Office of the County Recorder of said County excepting therefrom any portion which may lie within any street, highway or promenade area but not excepting any tunnels contracted under said promenade area. Also excepting therefrom any portion of said land lying outside of the patent lines of Rancho San Vicente Y Santa Monica, as such lines existed at the time of the issuance of the patent, which was not formed by the deposit of alluvion from natural causes and by imperceptible degrees. Also excepting therefrom the land which lies between said LOT 27 and the ordinary high tide line of Pacific Ocean, and is bounded northwesterly by a line running southwesterly from the most westerly corner of said LOT 27, at right angles to the southwesterly from the most southerly corner of said LOT 27, at right angles to the southwesterly line of said LOT 27. .Also excepting those portions of LOTS 14 and 15, lying northeasterly of the following described line: Beginning at a point in the southeasterly line of said LOT 15, distant south- westerly thereon 16.34 feet from the most easterly corner of said LOT 15; thence northwesterly in a direct line to a point in the northeasterly line of said LOT 14, distant northwesterly thereon 10.34 feet from ;:he most easterly corner of said LOT 14. EXHIBIT "A" -54- F I N A L ENVIRONMENTAL IMPACT REPORT SPARKS - ENDLESS WAVE SKATEPARK , ,' MAY 41 1979 •e C) TABLE OF CONTENTS DRAFT ENVIRONMENTAL IMPACT REPORT ADDENDUM TO DRAFT ENVIRONMENTAL IMPACT REPORT AGENCIES CONSULTED IN PREPARATION OF DRAFT EIR PERSONS AND AGENCIES COMMENTING IN WRITING ON DRAFT EIR WRITTEN COMMENTS RECEIVED SUMMARY OF COMMENTS AT•PUBLIC HEARING RESPONSE TO ISSUES RAISED DURING REVIEW PERIOD SPARKS - ENDLESS WAVES SKATEPARK DRAFT E-MRODRMNTAL IMPACT REPORT Prepared by R. Denzil Lee Associates 4 East Yanonali Street Santa Barbara, Ca. 93101 Prepared for SPARKS - ENDLESS WAVE 1520 Arizona Avenue Santa Monica, Ca. 90404 January 13, 1979 Table of Contents Introduction .......................... ....,..Page 1 Project Description .. ...........................Page 2 Location. ........................... .Page 2 Objectives .... ...........................Page 2 Characteristics .........................Page 3 Environmental Analysis ..........................Page 5 Public & Visual Access ...... ..........Page 5 Circulation & Traffic ...................Page 6 Air Quality .. ...........................Page 8 Noise,... .Page 9 Public Services /Utilities ..............Page 11 Land Use........ ....................Page 13 Impacts found to be Insignificant ..............Page 16 Geotechnical Considerations ............ Page.16 Hydrology ... ...........................Page 16 Biological Resources ...................Page 16 Archaeology/Paleontology ...............Page 17 Social & Economic Issues ...............Page 17 Schools ..... ...........................Page 18 Alternatives ........ ...........................Page 19 NoProject....... ... ..................Page 19 Change in Density. ' .....................Page 19 Alternative sites ......................Page 19 Alternative Designs ....................Page 20 Unavoidable Adverse Impacts,,,,,,,,,,,,,,,,,,„ Page 21 Circulation.. ......... .................Page 21 Noise.. .. ...........................Page 21 Air Quality_ . ..........................Page 21 Introduction This document addresses the envionmental impacts of a proposed skateboard park complex including some related convenience facilities in the City of Santa Monica. This report is designed to serve as an informational tool for a series of decisions that must be made by various jurisdictional agencies relative to planning and ultimate land use of the property. Persons reviewing this document must keep in mind that this material provided herein is, under State Law, informational in nature. It is to enable appropriate public agencies to evaluate envionmental impacts associated with the project as proposed. The responsible public agencies remain obligated to balance possible adverse effects against other public objectives, including economic and social factors, in determining whether the project is approved. It too must be kept in mind that the basic program requirements to which the proposed project herein was designed, has, been formulated through extensive city staff meetings, City Council and Park Commission hearings and has received considerable public in =put. Close to two years has been devoted in developing the City's underlying program and the ultimate selection of the qualified developer- SPARKS- ENDLESS WAVE. This report is being submitted to the City of Santa Monica in accordance with their procedural guidelines for implemetation of CEQA and the State of California. Guidelines for the Preparation and Evaluation of Environmental Impact Reports under the California Environmental Quality Act of 1970. Page 1 Project Description Project Location The project is located in the City of Santa Monica approximately i 1 two hundred fifty feet north of the Santa Monica Pier on a parcel of land formally known as the Deauville Beach Club. The subject property, owned by the City of.Santa Monica, borders.on Pacific Coast Highway and is bounded on the other three sides by State of California public land most of which is improved as public parking lots presently operated by the City under a lease agreement with the State of California. The site is made.up of two separate parcels of land bisected I longitudinal) b a twenty foot wide Promenade. The two longitudinally Y Y parcels together are approximately 67,500 square feet, or roughly 1.5 acres in size.. Other than for a slight slope from the subject parcel to the parking lot on the west side and the beach on the north, the parcels are basicly level. Though portions are.covered with asphatic paving, much of it is earth or sand. It's most recent use has been one of a storage yard for public works materials and the like. Project Objective The objective of the City of Santa Monica is to maximize the year- round recreational use of the subject property with a skateboard park complex., that offers facilities for adjacent beach users such as restrooms, Page 2 ff snackbar and rentals of beach equipment i.e.. backrests, surfboards, air matresses and the like. With the lack of funds as well as expertise to develop and operate such a facility the City Parks Department, after lengthy meetings and subsequent public hearings, both with the Parks Commission and the City Council, developed a program for such a facility. Operators of existing parks as well as developers were invited to respond to the City's criteria, presenting their qualifications in three specific areas: (1) design of a facility that addresses itself to all the basic requirements. (2) quali- fications as to operating similar type of facilities. (3) qualifications as to financial capability of meeting the minimum investment requirement and guaranteeing the minimum financial return to the city. Two such public invitational -evaluational programs were undertaken during an eleven month period. The first review of proposals, and subsequent recommendation to the City Council was summarily rejected therefore necessitating the second invitational program. The reviewing committee's second recommendation as to the qualified developer being unanimously excepted by the City Council on October 24th, 1 8. Project Characteristics As currently envisioned, the Skatepark will provide a pride spectrum of skating surfaces, offering "runs" for the beginner, intermediate, advanced and the professional. A family roller skating area has been incorporated into the park to broaden the user interest and age groups. The existing Promenade bisecting this property is to remain, providing a free public visual access of the entire complei. The perimeter being Page 3 fenced and in most cases either screened or heavily landscaped to minimize visibility and /or visual distraction such as from Pacific Coast Highway. Public restrooms are located conveniently to the Promenade, bike *,ray a and beach access areas. Snack facilities, bike rentals, beach rentals and rest areas are also located so as tc provide easy access for the_ greatest amount of persons. Landscaped areas are, as the City's program dictates, respective of the coastal envionment with indigenous vegetation that provide greenery to off -set the expanse of concrete. Trees are to be incorporated, both for appearance and to provide shade which has been found to be an important factor for the skaters. Page 4 • - �.' -`�z �\ �(. S7y.j 1 t � y' �.% t .--i• '_ice i�w ':{�. <. j %t ° t ° r• PR 1.`4 , ti.- iFy���� {. M J' r '�»sw.HSS �,� , �.4� L: .;�,/ Al t o e Ore.. RU ti i /4`_llli•^'- � 4-.' r j�+/!ft r � i $Y I i1YlilYl +:.'�: .} �_.. -y —I i f ..�c ti .. ✓ I; } F T kCf i Yv w a '--''( St - �9 '1 r. �\_ ,� r f �� > i Ft G� x ' .e')% r02�Y -r .c rq ct.5 I l'C °l', +esr'•d°• -i y7E Imp W, son min c> * y t• a I,,` tx �y} �� ., r1 1 } F �r1 r 2 t na b r,� � Fr r ; , z t an tx > , y,. 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Cl -i 1199G' 114.34' 1 D Z o N� w p N ° o O p I D w _ C N _ m 119.90 ' II6.72' cr L� Yv Z _ > 20' 0 ? rn = 117,5 iT7 \ 2 20' 117.86' cmt (' � ARIX�NA l e 120' 119.05' 120' 1202 . -' 120' 20' 91 96' Environmental Analysis Public & Visual Access Setting In it's present state, the project site is of limited aesthetic value. It is composed of a relatively flat expanse of broken asphaltic paving, strewn with various building materials, used lumber, broken concrete, tool sheds and the like. The remains of the old Deauville Beach Club swimming pool exists on the westerly half of the parcel. A stepped free standing concrete wall exhibiting some graffitti e,-tends along the southerly bottom half of the property. Views from Pacific Coast High.ray across the subject site, to the ocean are limited at best for numerous reasons. One, the traffic flow heading south is curving easterly, away from the property, and is entering a tunnel entrance to the Santa Monica freeway and is not, or should not be concerned with ocean views at this point. Traffic heading north are exiting the same tunnel and due to a centerline accident barrier can not see the ocean until well past the property. Beyond the subject site, to the ocean, there is in excess of four hundred and fifty feet of public parking followed by an additional four hundred plus feet to the mean high tide line. ;This all but eliminates any view of the immediate coast line. Impact No adverse aesthetic impacts will result from creation _ af_the- pro_oosed park facility. Instead, 'he undeveloped nature of the site will be improved Page 5 tr through development and landscaping. The border of trees proposed surrounding the site will act as a visual, as well as an accoustical buffer between heavy coastal automobile traffic and the passive beach recreational area. The proposed landscaping will also offer visual relief i from an otherwise uninterrupted stretch of asphalt paved parking lot. It will also offer visual.interest to those areas of the Pallisades Park, Santa Monica Pier and the residencial towers that look down on the great expance of flat terrain. Night lighting of the facility could create a glare that might be a source of annoyance to surrounding residents. Mitigation Lighting to be placed so as to direct light inward from the periphery of the park facility and at as low a level as is applicable to prevent outward glare to any residential areas. Circulation and Traffic Setting The proposed project is adjacent to the Pacific Coast Highway approximately at the northern most opening to the tunnel at the westerly terminus of the a3nia.Monica Freeway. Branching off FCH in a southerly direction is Appian 'Way that serves as a frontage road for residential and commercial properties further south beyond the Santa Monica Pier. There is also a little used ramp (State Route 187) that funnels traffic In a southerly direction, up the bluff, to Ocean Avenue. An average of 600 vehicles per day travel south on Appian Way and /or State Route 187. Page 6 PCH, Appian Way and State Route 187 are one -tiny traffic arterials traveling from north to south. At the southeast corner of the subject property is the main access to the municipal beach parking lot and sub- sequently the proposed skatepark development. Impact The proposed project will generate approximately 75 vehicles per day which is projected over a twelve hour daily period of operation. This vehiclar activity should not contribute adversely to peak hour traffic since there's no correlation between park users and peak hour commuter traffic volumes. Motor vehicle access to the park will be gained by entering the existing city operated public parking lots to the north and south of the subject site. The northern parking lot gaining access from Pacific Coast Highway, will experience the greatest amount of vehicles coming from the north in a southerly direction. This is anticipated since north bound traffic would have to mare a left turn across three lanes of traffic after exiting the tunnel. The southerly lot, gains access at the point . where Appian Way begins south from Pacific Coast Highway. At this point, ingress can be gained from both the north and south, but exiting vehicles can only turn south,right since access to PCH is prohibited at this location. Since the average age of today's skateboard enthusiast is around fourteen years old, it can be safely assumed that the majority of park users will either arrive on foot, bicycle, or in a car pool. In addition to access by motor vehicles, a bicycle path extends along I he Santa Monica beach and extends south to Venice and Marina Del Rey. The City has recently installed, approximately 150 feet north of the property, P--e 7 V a pedestrian overpass (bridge) that connects the beach level with the Pallisades Park at the top of the bluff. There is also a twenty foot wide Promenade that bisects the site and links the entire Santa Monica- Venice beach front. Mitation None is necessary -safe pedestrian and motor vehicle access to the immediate beach vicinity is historic. Air Quality Setting Proximity of the site to the Pacific Ocean and the accompanying land -sea breezes strongly inhibits the accumulation of pollutants compared to in -land areas. The quality of the coastal sector is therefore characteris- tlically much cleaner than the inland sectors. Air quality measurements at the West Los Angeles Station portray the general character of the area. Table i summarizes conditions in. the past z years. Impact e The quality of the local and regional air cells will be minimally af- fected as a result of the development herein proposed. The sources which will contribute to this include the construction activity and the vehicular traffic. A localized short -term impact on air quality will result from the construction process. Grading activity will generate some dust and fumes during the initial stages of removing existing pavement and debris. Also some dust and fumes will be introduced during the major construction period Page 8 v when materials are being delivered to the site. Regional air quality will be affected primarily through on -going motor vehicle emissions. However, since the proposed skatepark vehicular traffic is so minor in comparison to that present on Pacific Coast High =.ray, the adverse impact is felt to be insignificant. Mitigation Measures Short -term air quality degradation due to construction processes can be minimized by normal construction dust abatement methods, such , as watering of graded surfaces and the like. Motor vehicle fumes can be reduced by conscientious scheduling of construction material deliveries so as to minimize stand -by time.' Noise Setting Automobiles are the predominate generator of noise throughout the City of Santa Monica. The ambient noise environment of the site was investigated by Olson Laboratories in 1975 and incorporated into the Noise Element prepared for the City. Noise levels observed at comparable skatepark facilities has been. minimal due to the fact that ... the skateboard equipment is designed with resilent plastic wheels. Voices of the park occupants and /or the sound system will contribute to the present noise environment. Immact Analysis Periodically during the development phases of the project construction noise will exist. Noise levels which can be expected in conjunction with grading activities and other construction processes fall within the range of 81 to 88 dB. at a distance of 50 feet. The construction function is Page 9 Pollutant Oxidants Carbon Monoxide Nitrogen Oxides Sulfur Dioxide Particulates_. Nonmethane Hydrocarbons Y 1 From South Coast Air Quality-'Management District Air Quality, Annual Report, 1974, 1975, 1976 2 State Standard Annual Geometric Mean 4 No Data TABLE AIR QUALITY C0NDITIONSI A Number of Days Standards Exceeded Standard 1975 1976 .10 ppm /l hour2 44 75 40 ppm /l hour2 0 0 .25 ppm /l hour 36 57 .50 ppm /1 hour2 0 0 100 mg /m3 -AG�i� _ 4 ND 12 .24 ppm /3 Hours ND ND4 211 1 From South Coast Air Quality-'Management District Air Quality, Annual Report, 1974, 1975, 1976 2 State Standard Annual Geometric Mean 4 No Data 1 4 predominantly a daytime activity: no associated noise impacts are expected outside normal worring hours. The temporary annoyances due to construction activities will impact to the greatest degree residential areas on the pallisades immediately above the site. The residential strip to the north, some 520 feet away, will probably not hear the' construction activity above the traffic noise of PCH. Development of the site will cause a slight increase in traffic loads on the access roads to the property and this will incrementally increase noise levels. Noise generated in the parking areas will be created by vehicle engines, tires, doors and people using the parking facilities. But since the subject property is virtully surrounded by existing municipal parking lots and /or public beach area, is adjacent to the Pier and it's amusement activities, and bordered by Pacific Coast Highway, the noise levels generated by the proposed project will not be significant. Mitigation Inputs from the construction phase, although potentially annoying, will be short-term in nature and will be confined to normal working hours. Like the air quality mitigation measures; conscientious scheduling of material deliveries can serve to minimize and avoid accumulative noise levels. Long -term noise impacts resulting from traffic circulation are con- sidered sufficiently low as to require no mitigation measures. The screening, landscaping and open expanses surrounding the project site will act as a buffer to any residential areas, for any noise emanating from the park. Said buffer will also serve to minimize noise level interference to the Park occupants from Pacific Coast Highway and the like. Page 10 Y ' 1 Public Services /Utilities Police: Setting: Police protection in the City is handled by the City of Santa Monica Police Department. Officer response to emergency calls averages four minutes. Headquarters are located at City Hall on Main Street. Impact The Police Department has indicated that the proposed skatepark may result in a slight increase in calls for the area. Night time operating hours will increase activity in the area normally vacated, in summer season, by sunset. The beach parking lot areas and the Pier are included in the overall routine police surveilance of the City. It is not anticipated that those service levels will need to be increased (Range & Henderson 1979)- Mitigation Measures Adequate lighting of the skatepark, Promenade, Snackbar- eating area, restrooms and quad area will allow easy surveiiance of the facilities and surrounding parking lot. A private security company, as is proposed by the Sparks - Endless I-lave, Inc. developers, will by it's own presence discourage any undesirable activity on the premises. It will also minimize the need to call for police emergency assistance if not eliminate it. Fire Protection Setting The City currently operates adequate fire stations around the City and does not anticipate any increased activity with the development of the skatepark facility. Page 11 Impact Development of the park will not adversely impact fire department services. Calls are usually answered within four minutes, -and the project will not affect those service levels. The park area being primarily open concrete runs and landscaping is virtually fire resistant. The buildings, as proposed, are for the most part masonry block surrounded by open exFanse of concrete paving and or landscaping and will therefore be of minimal, fire hazard. Mitigation None is required, over and above normal fire prevention requirements as stipulated in the applicable building codes. These codes are enforcable by the Building Department and require concurrence with a fire marshall prior to issuance of building permits and occupancy permits. Water & Sewer The project site is currently served by both water and sewer lines running along Pacific Coast Highway- Appian 'day. Sewage discharge is treated at the Hyperion Plant, where the City is currently operating at it's purchased capacity of 11 million gallons per day' (MGD). The likelihood of expanding that capacity is highly improbable. Impact No standards are available to calculate sewage discharge or water consumption rates at skatepark facilities. However, the ultimate develop- ment of the park complex (restrooms, land and snack bar) would be so minimal that it's accumulative impact will not create an adverse impact. e Mitigation Timed sprinkler systems should be installed which operate at early Page 12 Y' morning or late evening hours to reduce water loss through - evaporation. Drip irrigation systems have proven to increase efficiency and reduce, further, water consumption and should therfore be seriously considered. Instalation of low - volume toilets, automatic urinal flushing mechanisms and pressure operated lavatory faucets will substantially reduce hater consumption. Electricity Setting The Southern California Edison Company provides electricity in this area of the city from overhead lines on Pacific Coast Highoray- Appian Way. Impacts Southern California Edison Company officials anticipate no problems in providing service to the project as herein proposed as consumption rates for exterior lighting and electrical uses as related to the snack shop, pro shop, and bicycle rental are negligible. Mitigation None is required. Land Use Setting The zoning for the subject property is currently designed residential. It was formerly occupied by the Deauville Beach Club, but is now vacant and has most recently been used as a Public Works Dept. materials storage yard and area for overflow beach parking. Page 13 Y Land uses. surrounding the proposed project vary from: municipal parking, public beach, amusement pier, public. park to residential. The amusement pier is presently undergoing renovation and expansion under renewed franchise lease agreements. Impact Development of the project as proposed would represent a change in the current designated zoning from residential to commercial /recreational/ public facilities. Although the property is currently vacant, it serves no public interest as is. The subject site, being recommended by the City's Parks Department and ratified after numerous public hearings, . by the.City Parks Commission as the most appropriate location for a skatepark facility was ultimately approved by the City Council. The State of California Coastal Zone Conservation Commissions adopted the California Coastal Plan in December 1975 in which the subject property was designated as "recreational use." In that plan, as dictated by the Federal Coastal Zone Management Act of 1972, "Winter- time -use plans should be prepared to utilize beach resources efficiently." This project, as proposed, ieould extend the use of the existing parking lot, increasing revenues, use of the beach, promenade and bicycle path. Mitigation The proposed skatepark and it's related facilities appears to re -- present a good land use, one that is consistent with the long history of the beachfront, the pier and the most recent intent of the Coastal Com- missions. Therefore it is not seen to conflict with surrounding uses. As such, no mitigation is suggested. Page 14 Visual Setting The skatepark and related facilities as proposed, and discussed in previous sections, being located adjacent to Pacific Coast Highway, and surrounded on the three other sides by municipal parking lots and /or public beach will introduce a homogenous group of buildings and land- scaped areas not now present. The visibility across the present site to the ocean is fleeting and limited to those motor vehicles traveling south on PCH. Because of the expanse of paved parking lot (450 feet) and another four hundred feet of sand, it's presently difficult to see the ocean at the elevation level of PCH and Appian Way, the two public arterials running along the beach. Viewing from the Pallisades area would not be detrimental and since the park is to be landscaped, will add a relief to the barren expanse of pavement and sand. Impact In that the property was purchased to provide for public recreational use and related beach facilities, is consistant with the intent of the Coastal Conservancy Act,.and meets the intent and desires of the Parks Department, Parks Commission and the City Council, the project does not appear to produce and adverse impact. Mitigation The architectural style, colors, choice of landscaping, lighting, signing, screening and the like can be controled by the City's various staffs , commissions, and committees so that the visual impact of the project is pleasing and compatible to the beach environment. No other measures are suggested. Page 15 Impacts Found To Be Insignificant The following briefly describes those environmental effects of the proposed.project which judged not to be significant. These include effects for �,Thich no mitigation is necessary as well as impacts which are related to incremental increases within the region and would not be considered significant for the project itself. Geotechnical Consideration The nature of the project and present condition of the property precludes any negative impact upon existing land forms or soil conditions. Hazards normally associated with seismic activity in an urban development are considered insignificant due to the open nature of the project and general lack of structures. The buildings, proposed, will,be required to meet applicable building codes which in themselves are designed to seismic safety standards. Hydrology The park, as proposed, will incur no adverse impacts upon water resources. Storm drainage facilities at the site will accommodate runoff following periods of precipitation. Surface runoff may actually be expected to decrease as a result of an increased rate of absorbtion in the landsca-oed areas. Biological Resources Previous development of the site has eliminated any natural biologic species which may have existed. The only vegetation which exists on the site is limited to adventitous weedy species which sprouts after rains. Page 16 Wildlife is restricted to species normally associate with urban beach environments ( i.e., pidgeons, sea gulls, sand pipers, sparrows and the like). No rare or endangered species are present. Landscaping associated with the project design will introduce an array of non - native vegetation. The beachfront -urban wildlife may utilize this new improved habitat, especially on off - hours. ArchaeologicalZPaleontoloical�3istorical It was felt highly unlikely, by the UCLA Archaeological Survey staff, that.any significant findings could be discovered at the site, since the major portions of the subject site F;ere. once excavated for basement and footing extensions of the Deauville Beach Club which was built in the early years of the century. No paleontological resources are known to exist in the area. Therefore, the project as proposed will not adversely impact any resources of significance. Socio- Econonic Considerations As the proposed project will not generate any additional households, or require in- migration, it is not felt that there will be any significant impact on the Socio- economic characteristics of the surrounding area. Though the developer has negotiated a franchise lease agreement with the City of Santa Monica and the City's share of the annual revenue is,expected to be a minimum of twenty -four thousand dollars ($24,000 the funds are not dis- similar to those collected from other leases (like those on the municipal pier) and are therefore not thought to be significant enough to .? rrant further economic analysis. The proposed project will draw persons not only from the surrounding community, but from all over Southern California. It is anticipated that Page 17 the use of the park trill exceed the known seasonal use of the adjacent beach. This facility in itself may increase the need for additional policing. Since this is a condition of the lease agreement, to provide security services, it is not anticipated that the facility as herein . proposed will cause an adverse impact on the City's Police Dept. Therefore it is suggested that there is no significant impact. Schools No impact upon school facilities will result from implementation of the project. The nature of the project precludes any growth inducing factors. Page 18 Alternatives No Project An alternative to the proposed project is that the site remain in its present vacant state. However, this would not benefit the community in any way, either socially or economically.. Change in Density If the site were developed according to current zoning, permitting residential use, the minor impacts associated with the present proposal would be significantly magnified, as well as other impacts created. In particular, traffic, air quality, noise impacts and schools would be much greater. The demand for public services and utilities would also increase dramatically, that is, if the subject site could be developed residentially with Coastal Commission approval. The site could be paved to increase the present parking lot, therefore accommodating approximately fifty -five to sixty more vehicles, though the seasonal revenue to the City mould not compare to the annual revenue as proposed in the present lease agreement. Alternative Sites The proposed park facility with skateboard runs, pro shop, a snack- shop, bicycle rentals, beach rentals and public restrooms would offer more recreational advantages that are compatible and supportive to the public beach environment than most other uses. The Parks Department, Parks Co =ission and the City Council over the past two plus years have considered where to locate a skatepark facility, as requested by the citizenry, and Page 19 this site was selected over other City property. Due to the built-up� nature of Santa Monica, other sites of comparable size are not available, not adjacent to the beach or not owned by the City. Alternative Designs The Parks Department, over the past sixteen months has conducted two invitational competitions with over forty -odd interested firms responding. Through the numerous submittals, the present proposal was sellected above all other designs. Therefore, many alternative plans have been reviewed by the City's evaluation committee and eliminated all others for this herein proposed plan. Page 20 Unavoidable Adverse Impacts Circulation The proposed project trill. generate some increase in traffic on= surrounding streets. However, traffic will not necessary occur during peak traffic hours. Noise Localized short -term impacts will occur during construction. Increases in vehicular activity, especially at points of ingress and egress will increase noise of Appian Way. Air Quality Construction activities will generate dust and fumes, causing short - term, localized degradation.of air quality. Mobile emission sources associated with ultimate use of the project will contribute to regional, air cell pollution. Page 21 SPARKS - ENDLESS WAVES SKATEPARK ADDENDUM TO DRAFT ENVIRONMENTAL IMPACT REPORT Prepared by R. DENZIL LEE ASSOCIATES 4 East Yanonali Street Santa Barbara, CA 93101 Prepared for SPAR -KS - ENDLESS WAVE 1520 Arizona Avenue Santa Monica, CA 90404 February 16, 1979 This Addendum is the result of comments made by various City Department staff members following their review and analysis of the Draft Environmental Impact Report, and related materials, dated January 13, 1979. It should be stated here for the record and as clarification to whomever should review these documents, that the overall pro- gram governing the various elements of this development along with the operating procedure was initially designed by the City of Santa Monica a.nd ratified by the Parks Commission, Planning Commission and the City Council. In keeping with City policy regarding lease agreements between the City of Santa Monica and private entrepreneurs, the City Attorney's office draws the lease agreement. This agreement, having been drafted and agreed to in principle, at this writing, becomes a complimentory document to the development plan and the construction documents. The intent being to insure the orderly construction and on -going operation of the Skatepark complex desired by the City of Santa Monica. For simplification; each.specific item in this Addendum will refer to the page number and subject of the previously sub- mitted Draft EIR, will repeat what was previously stated (if still applicable) and then expand that section with the criteria requested by City Departmental staff. PAGE 5, Public and Visual Access Setting In its present state, the project site is of limited aesthetic value. It is composed of a relatively flat expanse of broken asphaltic paving, strewn with various building materials, used lumber, broken concrete, tool sheds and the like. The remains the old Deauville Beach Club swimming pool exists on the westerly half of the parcel. A stepped, free - standing concrete wall exhib- iting some graffitti extends along the southerly bottom half of the property. Views from Pacific Coast Highway across the subject site, to the ocean, are limited at best for numerous reasons. One, the traffic flow heading south is curving easterly, away from the property, and is entering a tunnel entrance to the Santa Monica freeway and is not, or should not be concerned with ocean views at this point. Traffic heading north are exiting the same tunnel and due to a centerline accident barrier, cannot see the ocean until well past the property. Beyond the subject site, to the ocean, there is in excess of four hundred and fifty feet (450 ft.) of public parking followed by an additional four hundred plus feet (450+ ft.) to the mean high tide line. This all but eliminates any view of the immediate coast line. ADDENDUM Appian Way, midway on the easterly side of the property, becomes a southerly extension of Pacific Coast Highway and there- fore becomes the "nearest public roadway to the shoreline ". Under the California Coastal Act of 1976, in Article 6, Section 30251, it states: "The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public impor- tance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to. minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas . . . ". Though the proposed development has a building cluster incorporated in it, it is only sixty five feet (65 ft.) wide at its widest point with all other improvements, other than land- scaping, being depressed into the ground except in a few instances where the skating elements rise above grade to a maximum height of fifteen feet, more or less. At the point where these conditions occur, they are located in the southerly and /or westerly areas of the subject site. Since Appian Way begins to rise in elevation, above the subject site, as it proceeds south, these above -grade improvements do not appear to obstruct any significant views. It should be added here, that Appian Way is posted: "No Parking At Any Time" in this general vicinity and therefore in itself, pro- hibits sightseeing in this locale. The same conditions can be applied to State Highway Route 187, which is strictly a one -way (south) ramp from PCH to Ocean Ave. Again, it should be stated that there doesn't appear to be any infraction with the general intent of the California Coastal Act of 1976 in regards to view. PAGE 6 - Circulation and Traffic (Subject) PAGE 7 - Impact "The proposed project will generate approximately 75 vehicles per day which is projected over a twelve hour daily period of operation. This vehicular activity should not contribute ad- versely to peak hour traffic since there is no correlation between park users and peak hour commuter traffic volumes ". ADDENDUM It was generally assumed that since the average age of the skateboarding enthusiasts is 14 years old, that the greater major- ity would arrive at the park by way of public transit, bicycle, walking or skateboarding. This has been the general observation at other similar type facilities. And, when an automobile arrives, it usually has between three and six kids in it. This can be drawn from two specifics: one, that the average age is below drivers licensing and, two; the majority of parks (as this one proposes) operate on scheduled skating periods. This brings the skaters to the facility at specific intervals. The main reason for this scheduling is so'that the skater is provided the great- est opportunity to enjoy the park's various elements. The number of skaters per skating period are limited to the maximum number that can be accommodated "comfortably" within the park at any one time, minimizing the waiting periods at each run to approx- imately five minutes. In another section, it refers to accommo- dating one hundred skaters in the park. This was estimated by PAGE 6 (second paragraph) "Night lighting of the facility could create a glare that might be a source of annoyance to surrounding residences." Mitigation Lighting to be placed so as to direct light inward from the periphery of the park facility and at as low a level as is applicable to prevent outward glare to any residential areas ". ADDENDUM The use of metal halide fixtures, like those identified on the plans, such as Crouse -Hinds (or equivalent) are designed to eliminate light trespass or glare extending over property lines. Placement of this type of fixture, at the various skating eTements, . can also be further adjusted to eliminate any unwanted excess glare beyond the area of desired lumination. It should be again stated here that the nearest residence to the proposed facility is to the north, over five hundred feet (500 ft.) away, and there- fore is not in the vicinity of any lighting glare. considering the number of "runs" and how many each one could accommodate "comfortably ". Presently there are in excess of eight hundred parking spaces in the two.adjacent parking lots. Therefore, should the number of cars to the park exceed 75, there still would not be a significant adverse impact. PAGE 9 - Noise Setting (second paragraph) "Noise levels observed at comparable skatepark facilities has been minimal due to the fact that the skateboard equipment is designed with resilent,plastic wheels. Voices of_the park occu- pants and /or the sound system will contribute to the present noise environment." ADDENDUM Though it is now anticipated that the park will have a sound system, the decibel level.of that system-will be such, that it will not be heard above those sounds characteristic to the beach -pier environment. (voices, merry -go- round, arcade, surf, traffic and the like). From frequent observations of other like skate park facilities, the concentration level of the participants is very high and there- fore invokes an unwritten policy of "no- disturbance to the rider ". Much like any other individual sport: i.e. golf, tennis, pool, gymnastics,and the like. MITIGATION Future monitoring and controls,`if necessary, could be regu- lated by the City Parks Department since they will be working in cooperation with the SPARKS - ENDLESS WAVE personnel. considering the number of "runs" and how many each one could accommodate "comfortably ". Presently there are in excess of eight hundred parking spaces in the two adjacent parking lots. Therefore, should the number of cars to the park exceed 75, there still would not be a significant adverse impact. PAGE 9 - Noise Setting (second paragraph) "Noise levels observed at comparable skatepark facilities has been minimal due to the fact that the skateboard equipment is designed with resilent.,plastic wheels. Voices of the park occu- pants and /or the sound system will contribute to the present noise environment." ADDENDUM Though it is now anticipated that the park will have a sound system, the decibel level.of that system will be such, that it will not be heard above those sounds characteristic to the beach -pier environment. (voices, merry -go- round, arcade, surf, traffic and the like). From frequent observations of other like skate park facilities, the concentration level of the participants is very high and there- fore invokes an unwritten policy of "no- disturbance to the rider" Much like any other individual sport: i.e. golf, tennis, pool, gymnastics,and the like. MITIGATION Future monitoring and controls, 'if necessary, could be regu- lated by the City Parks Department since they will be working in cooperation with the SPARKS - ENDLESS WAVE personnel. Principals'in the SPARKS Corporation are medical. practi- � :io"' rs skilled in emergency room medicine and are well aquainted n it^ the accidents that are inherent with this sport. Also the ,,ri;,_cipals of the two entities: SPARKS, INC. and ENDLESS WAVE, ,NC. operate four skate parks throughout the southland and are well, acquainted with the emergency- medical requirements. - 'jation Measures None are anticipated at this time since the amount and /or ser;_. ousness of any accidents is purely speculation. Insurance cove_',age is of principle concern to the City Attorney's office and pill therefore be- adequately addressed in the final Lease Agra_.ament. /L SN A ,./ � OXS AS / " Site %✓farina V. 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I "� 1 - I 't lul I l' ���c; a:P al.l l i €I} Ir gil l) la .1 i. 14• 1 4; f",;. 1 - , ti Sit �4 .. .. ...... C li�� ( I r J�) i r Ili; A 1, 1A 4f--- AN Pit -iz :A I I A W 0 U V (m) 87 J, No J cedar shInglos j BUILDING. 'concrete block wl wood Irlm accent 1 0 •-C jr wood mullions 75 If P doors "Y lambs &. II I if Q PAVING stamped concrete all courtyards i ji FENCING chain link. plastic coated ;if 1 Inserts on beach side to minimize r It, san d Infiltration J! if j V, lettering fair i j bold block style )oil GRAPHICS: if i I -,� i . . . I I . : I It. I building BEACH - BIKE RENTS ji PBO SHOP if ni:STROOMS SNACKS ADMINISTRATION L I" F SKATING SURFACE surfaces to be guniti) W1 trowel finish P1 :; I some runs to receive pool coping Y and tile !11.: LIGHTING i� exterior fixtures to be Crouso - Hinds M, dark bronze, metal halide, down di i-�;' tIonal, model SCL on 20 it. poles I; LANDSCAPING. ground cover, shrubs, & trees to be i 4 drought resistant, trees to be eveii green species w/ maximum shade II potential i:: shrubs : 11 pi lillionlur A thus ovals pp xylosma congesturn A I ground cover. bacchmils pilularls g -111Z , 'trees j'y (,!f I q, if i, orlobotryn laponica U) U) eucalyptus i I' . •uml�p ulelp ww,e w Gupiclra ly palral n� a� of 7 1111 °t plo Nerllnn.l pux + Jnmc uoYnuo� a uF pal.np y �IW! III JbID, "0 1111.1 LIY'�G I,n!D tG ImI� Lal��a,po ;ci YI oG.pivp .li cl .hai.a M (-.n uYtlipuao Iown4 ego 2� 1 W 0. h �n C� W 0 LJ �/�III�� I'�I!II III ill a 1 1, n c �onl `r t Z U c a J � r ' r m 1 O -N . •uml�p ulelp ww,e w Gupiclra ly palral n� a� of 7 1111 °t plo Nerllnn.l pux + Jnmc uoYnuo� a uF pal.np y �IW! III JbID, "0 1111.1 LIY'�G I,n!D tG ImI� Lal��a,po ;ci YI oG.pivp .li cl .hai.a uYtlipuao Iown4 ego 2� 1 W 0. h �n N x% v z 7p u L view looking South nwrvma vnnwt pm Drop I view looking north park lkk4 YA-- rear of Ncya¢ ohrp dick -mvr view looking east view looking West bufld'ung MewROOPLIS.. 0 1. W J W 0 C: >1 C: GO 0 W3 GO Ll I LU Co E: (9 AGENCIES CONSULTED IN PREPARATION OF DRAFT EIR Santa Monica Planning Department . Santa Monica Police Department Southern California Edison Company PERSONS AND AGENCIES COMMENTING IN WRITING ON DRAFT EIR Kenneth W. Erickson, Fire Marshal, Santa Monica James F. Keane, Acting Chief of Police, Santa Monica Stan Scholl, Director of General Services, Santa Monica Patricia Welcome, Planning Department, Santa Monica James P. Tryner, Chief Resource Preservation & Interpretation Division State Department of Parks and Recreation Keith E. McKean, Chief Environmental Planning Branch Caltrans Oliver B. Posey, Chief of Police, Glendora Mary S. Garrett, 1028 Yale Street, Santa Monica •. LlmidL486 .. +s ve vmmam CITY OP SANTA MONICA H IMENT MEMO DATE: February 5, 1979 TO: James Lunsford, Director of Planning F°RONI: James F. Keane, Acting Chief of Police SUBJECT: Draft Environmental Impact Report The Environmental Impact Report for a proposed year -round skatepark facility has been reviewed by the police department. The proposal will have no adverse impact on our department. 6%i JAMES F. KEANE t /Acting, Chief of Police JFK- to *DATE: TO: FRONT: SUBJECT CITY OF SANTA MONICA MEMO February 27, 1979 .James Lunsford, Director of Planning Kenneth W. Erickson, Fire Marshal Draft Environmental Impact Report 1500 Palisades Beach Road The proposed year-round skatepark facility at Santa Monica .,:Beach in the-vicinity of 1500 Palisades Beach Road would minimally affect this- department... An increase in emergency medical responses 1s; anticipated due to the nature of the project.:. No major negative impact on Fire Department operations is anticipated,..* Consideration should be given to adequate emergency vehicle .access to--the-site. K. W. ERICKSON Fire Marshal r:. . CITY OF SANTA MONICA INIEi° A NT MEMO DATE: February 5, 1979 TO: Jim Lunsford, Director of Planning FROM: Stan Scholl, Director of General Services SUBJECT: Draft EIR for The Skateboard Park This is in response to your memo of February ) which transmitted the Draft EIR for the subject project for us to review. Our comments are as follows: 1. We can not properly evaluate this, or any other draft EIR without-: any plans. The schematic drawing shown on the proposal dated May 1, 1978, is not detailed enough .far us to properly evaluate what is to be constructed and how it will operate. -` 2. The details af'the type. of lighting, the lighting levels; and tha?height of the lighting standards are.needed to properly evaluate the impact and the mitigation 3. No. mention is- _made.under the section entitled "Public Services" or anywhere, else in the Draft EIR about first =aid and medical services. From what we have read in the media, these.types of services would be important. 4.. Traffic: Left turns have been prohibited at this location by our Police Department for the past ten years; in addition, we have requested in writing to Cal -Trans to continue the median north to the northern extremity of this parking lot (Lot -No. 2), and thus, access is effectively prohibited as proposed on page 7: 5. In the opinion of the Traffic Engineer, the volume of 75 Vehicles per day is extremely low, particularly in view of the statement made on page 17 that the park will "draw persons not only from the surrounding area, but from all over Southern California. It is anticipated that the park will exceed the known seasonal use of the adjacent beach." 6. A grading and drainage plan is needed to properly evaluate the draft EIR, since the adjacent parking lot currently has drainage problems and becomes flooded after each rain. The grading plan is also needed to determine how far above and below grade it is proposed to construct the skateboard runs. This is, in our opinion, very important because any construction above grade. will diminish the views of the ocean and any construction below. grade will have the potential of being flooded. Please return this to us for additional comments after plans have been prepared. Stan Scholl SS:cls cc: Don Arnett, Director of Recreation.and Parks DATE: T0: FRONT CITY OF SANTA MONICA March 22, 1979 Jim Lunsford, Director of Planning Stan Scholl, Director of General Services SUBJECT: Supplementary. Comments on Draft EIR for Skateboard Park at the Beach These are additional comments regarding the above project. Please refer to our memo of February 5 for other comments. Our supplementary comments are as follows: 1. The.plans which have been submitted are.very preliminary and do not have details of the buildings nor of the other structures that are to be constructed. 2. Our comments with regard to the proposed volume of 75 vehicles per day which were -made in our February 5 memo still stand. We think that several items in the EIR which relate to traffic conflict with other items in other portions of the EIR. 3. The schematic plans which have been submitted show the buildings to be built at the north portion of the property. It is our understanding that in meetings which have been held with adjacent property, owners, the developer indicated that they would be willing to reverse the plan so that the buildings would be at the south end of the property. It is our - understanding that the property owners think that-this is what is "going to be done if the project is built. If this is the case, the plans should so indicate and be revised'accordingly. If it is not the case, the property, owners should be so advised. 4. Attached are photographs of an abandoned skateboard park in the.city of Glendora. We previously provided you with a letter from the Chief of Police in Glendora.which indicated a number of problems with. this abandoned skateboard park. We would suggest that the EIR deal with alternative uses of the property if the operation of the skateboard park becomes economically unfeasible, as it apparently became in the Glendora case. Stan Scholl SS:cls Attachment: Photographs CITY OF SANTA MONICA DATE: February 2, 1979 TO: J. W. Lunsford, Planning Director FROM: Patricia Welcome, Senior Economic Planner SUBJECT: Review of EIR, Sparks - Endless Wave Santa Monica Skatepark This report reviews the Environmental Impact Report submitted on behalf of Sparks - Endless Wave for Santa Monica Skatepark. The proposed project would be located on the site of former Deauville Beach Club just north of the Municipal Pier on Santa Monica Beach. At the request of R. Denzil Lee, a representative of the developer, a letter was prepared outlining the probable impacts and suggesting that these might be the points of focus in the EIR. At that time it was recommended to Mr. Lee that he request formal confirmation from the Planning Commission that the suggested topics would be sufficient. The following is an analysis of the EIR dated January 13, 1979, received in this office on January 24, 1979. The analysis follows the same organization as the report. Project Description. The location of the project relative to nearby land uses is adequately described. The report is in error with respect to ownership of surrounding land. This has no environmental impact but we probably should keep the record straight. It states that the project area is bounded on three sides by State of California public land improved as parking lots operated by the City. A portion of this surrounding property is part of the same City -owned parcel as that on which the project is proposed to be built. The EIR lacks a map showing the project location in a regional context, as required by State EIR Guidelines.`' There is also no description or graphic illustra- tion of the facility itself. This would be helpful in orienting those otherwise un- familiar with the project and might eliminate questions that otherwise might arise. ENVIRONMENTAL ANALYSIS Public and Visual Access The report adequately describes the impact on views from the roadway. Reference is made to night lighting of the facility, but not of the parking areas. Since the area is not presently generally used at night, some clarifi- cation of the sufficiency of these lights or the potential impact on nearby residential uses if lighting is increased would be helpful. -2- Circulation and Traffic The EIR estimates that. 75 vehicles will be drawn to the project over a 12 -hour daily period of operation. There is no indication in the report as to how many people are expected to patronize the park, or the length of an average visit. It states only that they will be drawn from all over SoOthern California. Mr. Lee indicates that since the average age of skateboard enthusiasts is 14 years, they will probably walk, bicycle in.or arrive in carpools. Since the capacity of the facility described in the original proposal was 100 persons, some clarification of patronage patterns would be helpful in gauging the sufficiency of this estimated traffic. The Traffic Engineer's office will evaluate the report with respect to how traffic and circulation will be impacted. Noise The report adequately evaluates the short -term noise impacts during construction of the proposed facility. It does not estimate the level of noise antic- ipated once the facility is operational. Mr. Lee indicates that agreements have been entered into with the City which will limit allowable noise levels. Copies of these agreements should be appended to the EIR or pertinent details summarized so that the impact of these noise levels can be evaluated. Visual The report states that the design characteristics of the proposed project will be subject to review of City staff and Architectural Review Board and no indi- cation is given of the appearance of the proposed facility. For purposes of assessment of the visual impact, an illustration of the facility, at least in concept ind.icati.ng its scale would be most helpful. With the inclusion of information outlined above and a list of persons contacted at the various agencies referenced in the report, it should provide suffi- cient information for evaluation of potential impacts. PW:ea Slate of iaiiinrnio .� atl 3duM Date March 6, 1979 To 2s_ Prank Goodson Project Coordinator Resources Agency Fromaaa »ment sf Parks and Recreation subject: SCH 79021299 Sparks - Endless Waves Skatepark City of Santa Monica Los Angeles County, California he resources Agency of caliiarnia The staff of the Department of Parks and Recreation has reviewed the Draft Environmental Impact Report for the Sparks - Endless Waves- - Skatepark, adjacent to Santa Monica State Beach, and would like' to make the following comments- The Department is concerned over whether the long term water oriented interests of the general Public will be best served by t;<e Sparks - Enema -ss Waves Skateboard project. Based on the data contained in the Park and Recreation Info » tion System (PARIS), 1- 21 -74, the Santa Monica area is projected to have a 58 % in- crease in demand for :eater oriented recreation between 1970 -90. Cnce such a project is constructed it is semi- perminent and cannot be economically removed for many years. The proposed project will occupy valuable space *which may be needed to accomodate future demands for parting. A skateboard park is not beach dependent and could be sited in araas other than valuable.beachfront Droperty. The expertise of the City Parks Department, in visitor use patterns, should be utilized in determining methods and hours of operation fo_° the project. If You need additional information please contact James M. Doyle, SurPlarvisor, Environmental F =view Section, Department of Parks and recreation, P.O, Box 2,090, Sacramento, CA 95811; (916) 322 -2481. J ^es P. Tryner,- -Chief Ras Ource Preservation and Interpretation Division JPT : C6toy : s vb cc: City of Santa Monica Parks Department sate of Cc- .htornia t -o JIA: BO:;DE , DEPT= DIVISION CHIEF - DOTP Department A -95 Coordinator 1120 N Street Sacramento, California 95314 Attention: Kr. A. C. Lichtman KITH E. Mc'rMA?\' - District 07 ror. DEPARTMENT Of TRANSPORTATION Project Review Co=ents SCH MIMBER BL .ess and Transportation Agency Date: March 1, 1979 File : A -95 REVIEW 79021299 Snarks- Endless Waves EIR Circulation and Traffic - Impacts Pacific Coast Highway is already overcrowded at this location and any additional traffic will increase congestion. The left turn across three lanes of traffic after exiting.the tunnel northbound is illegal, due to existing striping. It is also anticipated that the physical divider in the median will be extended by Caltrans. 175 feet beyond it's current termination. KEITH E. MCKE LN, Chief :]hvironmental Plarzing Branch Transportation District 07 ClearinEhouse Coordinator For infcrmation, contact Jim Dailey (ATSS) 64v -5567 or (213) 620 -5557 Attach_mer. A CITY OF GLENDORA February 20, 1979 Mr. Stanley Scholl Director, General Services City of Santa Monica 1685,Main Street Santa Monica, CA 90401 Dear Stan: POLICE DEPARTMENT PH o., -so" 150 S. GLENDORA AVE.. GLENDORA. CALIF. 91740 Enclosed are photographs depicting the conditions at Glendora Skate- board Park. I am currently using the negatives. However, if you would like to have them in the future, I will forward them to you as soon as they are returned from the photo studio. If these pic- tures do not meet your needs or when you are done with them, please return them. As you will recall from our conversation, the three persons formed a company to develop the skateboard park. They went to the City Council with the request for variances, which were granted_ The skateboard park operated for approximately one year and is now going through bankruptcy. As a result, they abandoned the park. Because it became such a hazard due to fences being torn down, water collecting in the skateboard areas, and the persistent trespassing on the part of young people, the City had to declare it a nuisance and make an attempt to close the area off so as to protect the City against civil liability. Since the City has had fencing put up and signs placed, there have been 11 persons removed from this park at last count. I have no personal knowledge as to why the people who ran the park were unable to do it in a profitable manner. However, I have heard that insurance costs are quite high. I do not know about subscrip- tions; however, the park, while in operation, seemed to be quite active. P R I D E O F T H E F O O T H I L L S Mr. Stanley Scholl 20 February 1979 Page 2 Since the park has been abandoned, one of the problems, as I understand it, is that several young people and their families had subscribed for "lifetime passes." They will no doubt be unable to get the full use of these passes since the company is now going bankrupt. If there are further questions regarding this, I would suggest that you call Mr. Tom Balderrama. He will of course be happy to give you any additional information regarding the park and the problems it has caused within the City of Glendora. Sincerely,_ OLIVER B. POSEY Chief of Police kd Encl. I 1028 Yale Street Santa Monica, Calif. 90403 February 12, 1979 City of Santa Monica Planning Commission, City Hall Santa Monica, California Gentlemen: s As a resident of Santa Monica with three young children, . I would like to protest the building of a skateboard.. park /roller skating,rink that is planned for north of the pier. . The carnival businesses on the pier are bad enough. Let's not add more of the'same. A skateboard park would attract a very limited group of people since a very small percentage of our population - are of the age that would use a skateboard park and . according to- school figures, this number is dropping. Also, the Santa Monica Pier has a reputation for "chicken hawks ". A skateboard park would give them a greater choice of youth to prey upon. I wish we could encourage more businesses like the Marina has and get. rid of the carnival atmosphere. Sincerely, Mary S. Garrett CC: all City Council Members REGULAR MEETING Or THE CITY PLArINING COPh4iISSION MONDAY, APRIL 2, 1979, AT 7:30 P.M. IN THE COUNCIL CHAMBER 1. The meeting was called to order at 7:30 p.m. by Chairman Malcolm. 2. POLL CALL: PRESENT ABSENT Donald G. Malcolm, Chairman Frank Hotchkiss Geraldine Kennedy Robert Kleffel Robert Sullivan Herbert Katz, Jr. E. Stephen Savage ALSO PRESENT: Pieter van den Steenhoven, Council Liaison James Lunsford, Director of Planning Anne Kirlin, Deputy City Attorney Lyn Kuhl, Secretary, Planning Department 3. The Pledge of Allegiance was led by Conmissioner Sullivan. ..4. The March 19, 1979 minutes were approved unanimously on a motion by Commissioner Hotchkiss and seconded by Commissioner Kleffel, subject to revision as follows: On Page One, Item 5A, following the word "received" at the end of the first sen- tence in the second paragraph, add the phrase "but not necessarily agreeing with the conclusions regarding the significance of impacts." At the written request of interested parties who stated that several children were present to hear the discussion, the Commission permitted Item 10A to be moved for- ward for immediate consideration. IOA. OLD BUSINESS: Tentative Tract No. 36630 The staff report indicated that the public hearing on this new six -unit pro- ject at 1031 Eighteenth Street by Gwo Rong Ueng had been held February 20, 1979 and the item continued `.arch 5, 1979. The applicant had now submitted a new landscape plan for consideration. Speaking for the applicant were Attorney William Elperin, Landscape Architect Ronald Reimers and Emery Ilong. In opposition, letters were submitted and those speaking were: Linda Black, 10252 Eighteenth St. William Allen, 605 Ashland Ave. Barbara Osborne, 1041 Tenth St. Commnissioner Hotchkiss moved to ask "the applicant tosubmit the best plan he could to retain the pittosporum undulatum, working with City staff, and stating it would be appreciated if applicant would contact N r_ Allen—, architect, :.rho SEO e -earli r,: Ling applicant should continue with the excellent additional landscaping submitted at the meeting. Seconded by Commissioner Kennedy, the vote resulted in automatic approval. AYE: Hotchkiss, Kennedy,.Kleffel NAY: Sullivan, Malcolm ABSENT: Katz, Savage Thereafter Commi<_sionar Hotchkiss moved to deny the project on grounds of Cof:.. ssior;'s discretionary provisions, sound community planning, economic, aeS'tiletlC and all Gen- eral public health, safety and welfare causes as well as considerin:; the expres >ions v'I t`c neigh P.' ^CCd. Seconded by K?nncd ±� 've +' _. Y' n_: motion 'rece' d tne' ama vote as that noted above. Chairman Malcolm stated that as provided by the State Ptap Act, the project would receive automatic approval. 5. PUBLIC HEARINGS: RECONSIDERATION: A. Tentative Tract No. The staff report indicated that this eleven -uni;; conversion project at 3 2-i9 Colorado Avenue by Sotiri Anastasiadis ';ras being reconsidered by the Cornmission due to staff's failure to notif.' o',;ner to distribute to his tenants the suamary of tenants' rights. (continued...) Planning Commission Minutes -2- April 2, 1979 Commissioner Malcolm moved to reconsider the item which had previously been heard and acted upon at the March 19 meeting. There being no second to the motion, the matter was tabled and the previous ruling of the Commission to deny the project remained in effect. 6. PUBLIC HEARINGS: ENVIRONMENTAL IMPACT REPORTS: A. Draft Environm2rtal Impact Report--Skateboard Park The staff report concerned the EIR, prepared by R. Denzil Lee Associates for a Skata Park to be developed by Sparks - Endless Wave. Speaking during the hearing, Dori Arnett, Director of Recreation and Parks Department, responded to questions about the project, as did Denzil Lee, representing the developer. . Patricia Magness, 1426 Pacific Coast Highway, spoke against the project, expres- sing concern about noise and security, as the owner living closest to the project. She was informed by Mr. Lee that security was provided for in the lease with the City_ _Commissioner Kleffel moved to approve the adequacy of the EIR in dealing with the issues covered and, at the request of Commissioner Hotchkiss, included in the approval of than complete EIR all the correspondence received and testimony given on the project. Seconded by Commissioner Sullivan, the motion carried by a unanimous vote of the five members present. 7. PUBLIC HEARINGS: APPEALS: A. Appeal AP,B Cass:. No. 0919 The staff report noted that the Architectural Review Board had denied a request for a new pole sign above the sidewalk at 2903 Lincoln Boulevard for the Ozar Tire Cor::pany. Susan Cloke. Architectural Review Board representative, gave the Board's reasons for denial. Sob Gordon, Local: Neon Company, represented the appellant. Com,-4 ssioner Sullivan moved to uphold the Architectural Reviel,,i Board and to deny the appeal. Commissioner Kennedy seconded the motion which carried by a unanimous vote of the five members present. 8. PUBLIC HEARINGS: SUBDIVISIONS, NEW CONOCMiNIUMS:. tlr. Lunsford cc?7nemted on a general staff recommendation that, chiefly in Sunset Park, new condominium projects conforn to a loyrer profile, even though greater height may be allowable,to be compatible with surrounding heights. Chairman Malcolm noted that four projects, 8A, 8B, 80' and 8L, would fall under this staff recommendation. A. Tentative Parcel Map No. 11661 The staff report spoke of a new four -unit condominium project at 933 Marine Avenue by Lepore anc. Associates in a design not felt to be compatible with its area. Speak- ing during the hearing as project representative was David Cooper, the designer. Spearing in opposition were: Cheryl Rhoden, 3106 Highland Avenue. Alex Novakovich, 1314 Second Street. Barbara Osborne, 1041 Tenth Street. Robert M. Myers, Legal Aid Foundation Monica Fair Hou "ine Allia-ice. Robert Purkey, 1119 Idaho Avenue. Susan Sommer, 1319 Ocean Front talk Rose Boin, 329 California Avenue. representative for Santa Ccr-missioner Kleffel moved to approve the project with all staff recommendations as conditions for approval. Seconded by Commissioner Sullivan, the three -to -taro vote resulred in automatic approval of the project, as folio :a: AYE: Kleffel, Sullivan, Malcolm .lAY: Hotchkiss, Kennedy ABSENT-. Katz, Savage V SUMMARY OF COMMENTS AT PUBLIC HEARING April 2, 1979 Regular Meeting of Santa Monica City Planning Commission, sitting as the Environmental Quality Review Board. Persons speaking at the Public Hearing: Chairman Donald G. Malcolm Commissioner Robert Kleffel Commissioner Frank Hotchkiss Commissioner Robert Sullivan Commissioner Geraldine Kennedy Planning Director J. W. Lunsford R. Denzil Lee, representing the Developer Sparks - Endless Wave Patricia Magness, 1425 Pacific Coast Highway, Santa Monica Commissioner Kleffel questioned whether the issue of noise from the loudspeaker system and its effect on the pier and surrounding areas had been adequately covered. Mr. Lunsford advised that the terms of the Developer's contract with the City would require that the noise not be carried beyond the project boundaries. Commissioner Kennedy asked if questions raised in the staff review had been satisfactorily answered and the necessary information provided. Mr. Lunsford indicated that he had met with Mr. Lee; Mr. Scholl, General Services Director; Mr. Arnett, Recreation and Parks. At that time Mr. Scholl had stated that a section view through the plans indicating the depth of excavation would satisfy his concerns -and that this had been provided. Commissioner Hotchkiss stated.that the significant issues had been addressed, especially in letters from the State agencies, and tnaz these should be included as part of the final Environmental Impact Report. Patricia Magness, as property owner living closest to the project site, spoke against the project, expressing concern about noise and security of surrounding residences, although she had not read the EIR. Mr. Denzil Lee indicated that security would be provided by the developers of the project and noted that the Police Department had raised no objections. Chairman Malcolm noted that there were no further requests to speak and closed the public hearing. Commissioner Kleffel moved to approve the adequacy of the EIR, in dealing with the issues covered, and at the request of Commissioner Hotchkiss included in the approval all correspondence received and testimony given. Seconded by Commissioner Sullivan, the motion carried by unanimous vote of the five members present. r CITY PLADINING DEPARTMENT CITY OF SANTA MONICA M E M O R A N D U M DATE: March 28, 1979 TO; The Honorable Planning Commission FROM: The Director of Planning SUBJECT: Draft Environmental Impact Report Proposed for Skateboard Park, Santa Monica Beach, R4A, R. Denzil Lee Associates On January 24, 1979 a Draft Environmental Impact Report for the proposed development of a skate park in the 1500 block of the Promenade was filed by R. Denzil Lee Associates on behalf of Sparks +Endless Wave as the developers. On February 2, 1979 the Notice of Completion was filed with the State Resources Agency and copies circulated to the Planning Commission. The State review period commenced Feb- ruary 10th and ended March 24th. As the proposed project is within the Coastal Permit Zone, a 45 day review period is re- quired in lieu of the normal 30 day period under the Cali- fornia Environmental Quality Act. Notice of the document's availability was advertised in the Evening Outlook for one week beginning February 5th and ending February 10th. Copies were circulated to the'Police Department, Fire Department and General Services Department and placed in each of the City's libraries. On March 5th an addendum and further graphic ma- terials were submitted by the preparer in response to requests by the Planning Commission and General'Services Department for more detailed information. Written comments on the Draft Environmental Impact Report have been received from the Director of General Services, the Chief of Police,, the Fire Marshal, the State Department of Parks and Recreation and Mary S. Garrett. Additionally, a letter to the General Services Director from the Chief of Police of Glendora was submitted. REQUIRED ACTION. The Planning Commission in its capacity as the City's Environmental Quality Review Board is required to make a determination as to the adequacy of the Draft Environmental impact Report rather than a decision on the project itself. In October the City Council approved a contract with Sparks - Endless Wave for the development of a skate park on the site of the former Deauville Club. The City Attorney's office has indicated Meeting 4/2/79 honorable Planning Commission - 2 - March 231 1979 that no Conditional Use Permit, Variance or other City action is necessary but the preparation and approval of an Environ- mental Impact Report is required. The property is in the Coastal Permit Zone and a Coastal Permit must be obtained as well_ In order for the Planning Department to grant the applicants an Approval in Concept so that they may proceed to the Coastal Commission finalization of the Environmental Impact Report is necessary. SUM2NARY AND RECOMMENDATION. While the Draft Environmental Impact Report and written comments, especially those of the General Services Director indicate some potential problems with the plan particularly vehicle access, review of the initial report and addendum indicates sufficient description and assessment of the anticipated environmental effects as well as mitigation measures are included to permit reasonable.evaluation of the project's impact are included in the report. The question is not whether the skate park should be constructed but whether the potential impacts on the surrounding physical environment have been ac- curately evaluated. It is respectfully recommended that in the absence of any evidence of serious potential problems not covered by the draft report in. the course of the public hearing that the Commission in its capacity as the Environmental Quality Review Board approve the document as a Final Environmental Impact Report including therein all written cc ^ents, addendums, submissions and a summary of public comments and Commission discussions as part of the of- ficial document. Respectfully submitted, ames Lunsfo d Director of Planning .,L:bt Meeting 4 /2/79 APPROPRIATENESS OF THE PROJECT AT THIS SITE State Department of Parks and Recreation: "The Department is concerned over whether the long term water - oriented interests of the general public will be best served by the project. .. M he Santa Monica area is projected to have a 58% increase in demand for water- oriented recreation between 1970 -1990. The proposed project will occupy valuable space which may be needed to accomodate future demands for parking. A skateboard park is not beach dependent and could be sited in areas other than valuable beachfront property." The site for this project was selected by the City Recreation and Parks Department because there is no other suitable site in the City for development of this project. The skateb card park should draw visitors to the beach area not only during the summer months but all year around. This facility will thus provide for more efficient and broader use of the beach area which otherwise lies dormant during much of the year. NOISE The principal concern regarding noise relates to the sound system utilized in the project. The developer has indicated that the terms of the developer's agreement with the City will specify that this sound not be audible beyond the skatepark itself. CRIME Mary S. Garrett: "The Santa Monica Pier has a reputation for 'chicken hawks.' A skateboard park would give them a greater choice of youth to prey upon." Patricia Magness: "In our community this past summer we had increased vandalism, theft and attacks of violence on residences or people who live there. I would like to know what kind of security will provided. RESPONSES TO ISSUES RAISED DURING REVIEW PERIOD The major issues raised during the period of review of the Draft Environ- mental Impact Report were the appropriateness of the project at this site, vehicular access and circulation, noise associated with the project and po- tential increase in crime. The comments are summarized below along with the Lead Agency response to these issues. TRAFFIC AND CIRCULATION Caltrans: "Pacific Coast Highway is already overcrowded at this location and any additional traffic will increase congestion." Director of General Services: "In the opinion of the Traffic Engineer, the volume of 75 vehicles per day is extremely low, particularly in view of the statement made on page 17 that the park will "draw persons not only from the surrounding area, but from all over Southern California. It is anticipated that the park will exceed the known seasonal use of the adjacent beach." Fire Marshall: "Consideration should be given to adequate emergency vehicle access to the site." The proposed project will probably add to the already congested conditions along Pacific Coast Highway. wHowever, it is expected that many of the prospec- tive patrons of the project are already drawn to the area by the existing fa- cilities, and the skateboard park will draw on these visitors, providing another recreational focus. Vehicular access from all but the north - originating traffic will doubtless be problematical. This problem is not restricted to the proposed project but is an aspect of beach access that is being explored in the preparation of the Local Coastal Plan. The developer will provide private security service on the premises and the Santa Monica Police Department anticipates no adverse impact arising from the proposed project. t