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
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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
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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.
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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; -- — --
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(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.]
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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:
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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.
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(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
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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.
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(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
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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.
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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
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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
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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.
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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
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4 drought resistant, trees to be eveii
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(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.
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