ITEM 6-F

Council Mtg:  May 26, 1992

TO:       Mayor and City Council

FROM:     City Staff

SUBJECT:  Certification  of  Statement  of  Official  Action  for
          Appeal   of   the   Approval   of  Final  EIR  #90-007,
          Development  Review  Permit  #91-006,  Reduced  Parking
          Permit   #91-008,   Zoning  Ordinance  Text  Amendments
          #91-006 and #91-007.

INTRODUCTION

This  report  transmits  for  City  Council   certification   the
Statement   of  Official  Action  for  the  appeal  of  the  Pier
development project.  The appeal was made by Diane Simpson.

On April 28, 1992, the Council denied the appeal and approved the
project  based  on  the  findings and conditions contained in the
attached Statement of Official Action.

BUDGET/FINANCIAL IMPACT

This recommendation will not have a budget or financial impact.

RECOMMENDATION

It is respectfully recommended that the City Council approve  the
attached Statement of Official Action.

Prepared by:  Suzanne Frick, Planning Manager

Attachment:  A.  Statement of Official Action dated 04/28/92.

                  RESOLUTION NUMBER____________

                      (City Council Series)

                A RESOLUTION OF THE CITY COUNCIL
                   OF THE CITY OF SANTA MONICA
        CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
          ON THE SANTA MONICA PIER DEVELOPMENT PROJECT



         WHEREAS, a Notice of  Preparation  of  an  Environmental

Impact Report was issued on July 23, 1990; and

         WHEREAS, a public scoping meeting was  held  on  October

25, 1990; and

         WHEREAS, a Notice of Completion of a Draft Environmental

Impact Report was published in September, 1991;

         WHEREAS,  the  Draft  Environmental  Impact  Report  was

circulated for a 45 day public review period;

         WHEREAS, in  December,  1991,  the  Final  Environmental

Impact Report was published; and

         WHEREAS, the Environmental Impact Report and all notices

were  prepared  in  compliance  with the California Environmental

Quality Act (CEQA), and the City of Santa Monica CEQA Guidelines;

         WHEREAS,  the  Fun  Zone  only  project   with   parking

improvements  to  the 1550 parking lot and Deauville property and

without either the central plaza or the 1640 Appian  Way  parking

structure substantially reduces the impacts on the environment

while accomplishing the City's goals and objectives for the Pier,

and

    WHEREAS, the Planning Commission has reviewed and  considered

the contents of the Final EIR in its decision-making process,

    WHEREAS, the Planning Commission certified the EIR  on  March

2, 1992

    WHEREAS, the City Council has  reviewed  and  considered  the

contents of the Final EIR in its decision-making process;

         NOW, THEREFORE, THE CITY COUNCIL OF THE  CITY  OF  SANTA

MONICA DOES HEREBY RESOLVE AS FOLLOWS:


         SECTION 1.   The  City  Council  finds  that  the  Final

Environmental  Impact  Report  adequately  reviews  and  analyzes

potential environmental  effects  of  the  proposed  project  and

project alternatives.

         SECTION  2.   The  City  Council  makes  the   following

findings,  consistent  with Article VI, Sections 12 and 13 of the

City of Santa Monica CEQA Guidelines and Sections 15091 and 15093

of the State of California CEQA Guidelines.

    (a)  (1)  The City Council  finds  that  there  is  no  other

feasible,  reasonable  and  available alternative to the Fun Zone

only project without either the Central Plaza or the 1640  Appian

Way  parking  structure  and that there are no further mitigation

measures to this project alternative that would significantly and

substantially   reduce   the  impact  on  the  environment  while

accomplishing the City's goals and objectives for use of the Pier

as  identified  in  the  adopted  Santa  Monica  Pier Development

Program (February 1988).

         (2)  Further, the City Council finds  that  the  project

will  revitalize  the City-owned Pier in a way that preserves its

unique character and at the same  time  serves  the  current  and

future needs of the community.  The project will provide:

         (a)  increased public parking;

         (b)  year round recreational opportunities;

         (c)  extended nighttime and multi-season uses;

         (d)  circulation  and  access  improvements  to the area

              around the Pier;

         (e)  uses  that  will  attract and serve visitors from a

              broad range of income groups and lifestyles;

         (f)  design elements that retain the historic and unique

              qualities that distinguish the  Santa  Monica  Pier

              from other piers and commercial enterprises, and

         (g)  uses that will emphasize the role of  the  Pier  in

              the community.

         (3)  The City Council finds that the project  will  also

deliver   increased   revenues  to  the  City  while  encouraging

increased public access at the Pier.

         (4) The City Council finds that the Environmental Impact

Report  overestimates  the amount of cumulative traffic that will

be generated by future projects in the City.  Over  40  per  cent

of  the  estimated  cumulative  traffic will not occur due to the

fact that projects contained on the cumulative project's list are

not  longer  viable  or are theoretical projects.  As a result of

this, the project impacts may be less than  those  identified  in

the Final Environmental Impact Report.

    (5)  Further, the City Council finds that  the  certification

of  the  Final  Environmental  Impact  Report  is is only for the

purposes of approving the Fun Zone only project with the  parking

lot  improvements  without  either  the Central Plaza or the 1640

Appian way parking structure.

     SECTION 3.  The City Council  finds  that,  in  response  to

concerns  over the project's potential environmental impacts, the

applicant has requested that the City  Council  approve  the  Fun

Zone  only  project  without either the Central Plaza or the 1640

Appian Way parking  structure  which  reduces  the  environmental

impacts identified in the Environmental Impact Report (EIR).

    (a)  The Final EIR determined  that  without  mitigation  the

proposed  project  could result in significant adverse impacts on

the natural terrain, subsurface soils, and local geology  in  the

following  manner  (Draft  EIR,  Section  IV-B).   There  will be

temporary disruption in the project locale during excavation  and

construction.   Project  construction  will  require  measures to

eliminate the liquefaction  potential,  such  as  dewatering  and

recompaction  of soils.  The location of the property in relation

to known active faults indicates that the site is not exposed  to

greater  seismic  risk  than other locations in the local region.

Nevertheless, movement on any of the active or potentially active

faults   could   cause  ground  shaking  at  the  building  site.

Consistent  with  Article  VI,  Section  12  of  the  City   CEQA

Guidelines  and  Section  15091 of the State CEQA Guidelines, the

City finds that the following changes or mitigation measures have

been  required  in  the project which will avoid or substantially

lessen the potential significant environmental effects identified

with  respect  to  natural  terrain,  subsurface soils, and local

geology:

    (1)  During  project  construction,  all  grading   shall  be

         carefully observed, mapped and  tested  by  the  project

         engineer;

    (2)  During  project  construction,  all  grading  shall   be

         performed   under   the   supervision   of   a  licensed

         engineering   geologist   and/or   soils   engineer   in

         accordance  with  applicable provisions of the Municipal

         Code and to the satisfaction of the City's Building  and

         Safety Division;

    (3)  The  two  Underground  Storage  Tanks  (USTs)  shall  be

         removed in compliance with all applicable regulations of

         the City of Santa Monica, the South  Coast  Air  Quality

         Management   District,   and   the  Los  Angeles  County

         Department of Health Services.

These measures, as well as the approval  of  the  Fun  Zone  only

project  without  either the Central Plaza or the 1640 Appian Way

parking structure  will  mitigate  or  avoid  the  potential  for

significant  adverse impacts on natural terrain, subsurface soils

or local geology and  thus  mitigate  or  avoid  the  significant

environmental effects identified in the Final EIR, Section IV-B.

    (b)  The Final EIR determined  that  without  mitigation  the

project  could  result  in a significant impact to short-term air

quality in the  area  during  site  demolition  and  construction

(Final EIR, Section IV-C).  Although the creation of dust and the

daily emission of pollutants from  construction  equipment  would

not  exceed  the  threshold  criteria  established by SCAQMD, the

California Health ad Safety Code  requires  the  minimization  of

dust  generation.   Consistent with Article VI, Section 12 of the

City CEQA  guidelines  and  Sections  15091  of  the  State  CEQA

Guidelines,   the  City  finds  that  the  following  changes  or

mitigation measures have been required in the project which  will

mitigate or avoid the potential significant environmental effects

identified with respect to air quality impacts:

         (1)  Contractors shall cover  any  stockpiles  of  soil,

              sand and similar material;

         (2)  Construction equipment shall be shut off to  reduce

              idling when not in direct use;

         (3)  Low sulfur fuel  shall  be  used  for  construction

              equipment; and

         (4)  Contractors    shall    discontinue    construction

              activities during second stage smog alerts;



These  measures,  as  well  as  the approval of the Fun Zone only

project without either the Central Plaza or the 1640  Appian  Way

parking   structure,  will  avoid  or  substantially  lessen  the

potential for  significant  adverse  impacts  to  short-term  air

quality, and thus mitigate or avoid the significant environmental

effects identified in the Final EIR (Section IV-C).

    (c) The Final EIR  determined  that  without  mitigation  the

project  could  result  in  significant  impacts to long-term air

quality in the area (Final EIR,  Section IV-C).   The  Final  EIR

determined  that  the  project  would  result  in  an increase in

long-term daily emissions.  Increased daily  emissions  would  be

generated  by vehicular trips associated with Phase 2 development

and would exceed the threshold established by SCAQMD for nitrogen

oxides.   Consistent with Article VI, Section 12 of the City CEQA

Guidelines and Section 15091 of the State  CEQA  Guidelines,  the

City finds that the approval of the Fun Zone only project without

either the Central Plaza or the 1640 Appian Way parking structure

will  mitigate  or  avoid the potential significant environmental

effects  identified  with  proposed  project  with   respect   to

long-term air quality.

This change in the project will avoid or substantially lessen the

potential  for  significant  adverse  impacts  on  long  term air

quality and thus mitigate or avoid the significant  environmental

effects identified in the Final EIR, Section IV-C.

    (d)  The Final EIR determined  that  without  mitigation  the

project  could  result  in adverse environmental impacts to plant

and animal life in the  project  area  in  the  following  manner

(Final EIR, Section IV-D).  Improper disposal of wastes generated

by various uses within the proposed project may adversely  affect

marine animals in the project vicinity.   Consistent with Article

VI, Section 12 of the City CEQA Guidelines and Section  15091  of

the  State  CEQA  Guidelines,  the  project  will  undertake  the

following  changes  or  mitigation  measures   which   avoid   or

substantially  lessen the potential adverse environmental effects

identified with respect to plant and animal life:

    (1)  Recyclable food service products and shopping bags shall

         be required for all businesses on the Pier; and

    (2)  trash  receptacles  shall  be  located  throughout   the

         project area, no more than 25 feet from one another.

These measures, as well as the approval  of  the  Fun  Zone  only

project  without  either the Central Plaza or the 1640 Appian Way

parking  structure,  will  avoid  or  substantially  lessen   the

potential  for  significant  adverse  impacts  on  long  term air

quality and thus mitigate or avoid the significant  environmental

effects identified in the Final EIR, Section IV-D.

    (e)  The Final EIR determined  that  without  mitigation  the

project  could  result  in  adverse  environmental  effects  with

respect to noise in the project area (Final EIR,  Section  IV-E).

Construction  activities  resulting  from  project implementation

would result in increases in ambient noise levels in the vicinity

of  the  site  on  an  intermittent  basis.   Noise  levels would

fluctuate depending on construction  phase,  equipment  type  and

duration  of use, distance between noise source and listener, and

presence or absence of barriers  between  the  noise  source  and

listener.   Estimated noise levels would not change significantly

from existing conditions.  Consistent with Article VI, Section 12

of  the  City CEQA Guidelines and Section 15091 of the State CEQA

Guidelines, the project will undertake the following  changes  or

mitigation  measures  which  will  avoid  or substantially lessen

potential adverse noise impacts identified:

    (1)  A construction plan shall be submitted to  the  City  in

         sufficient   detail   to   determine   the  duration  of

         construction  activities  and  the  specific  types   of

         equipment  to  be  used  and  their approximate location

         including specific locations for compressors and pumps.

    (2)  Project   shall   comply   with  applicable  City  noise

         regulations specified in the City Ordinances  (Ordinance

         Numbers 1406 CCS and 1458 CCS);

    (3)  Project contractors shall muffle and shield intakes  and

         exhaust,   shroud  and  shield  impact  tools,  and  use

         electric-powered rather than diesel-powered construction

         equipment, as feasible, and,

    (4)  Roller coaster rides shall be designed  to  require  and

         use plastic wheels on metal rails.

These measures, as well as the approval  of  the  Fun  Zone  only

project  without  either the Central Plaza or the 1640 Appian Way

parking  structure,  will  avoid  or  substantially  lessen   the

potential for adverse noise impacts at the site and thus mitigate

or avoid any potential adverse effects identified  in  the  Final

EIR, Section IV-E.

    (f)  The Final EIR determined  that  without  mitigation  the

project  could result in an increase in daytime glare and evening

illumination in the project area in the following  manner  (Final

EIR,  Section  IV-F).   The  project  could  change the nighttime

character of that section of the Pier  and  adjacent  beach.   In

addition, the project would result in nighttime illumination that

would be perceptible  to  motorists,  neighbors,  and  pedestrian

traffic.  Consistent with Article VI, Section 12 of the City CEQA

Guidelines and Section 15091 of the State  CEQA  Guidelines,  the

project  will  undertake  the  following  changes  or  mitigation

measures have been required in the project which  will  avoid  or

substantially  lessen  the  potential  significant  environmental

effects identified with respect to light and glare:

    (1)  Lighting and building materials shall  be  built  and/or

         installed  in  accordance  with  City  of  Santa  Monica

         ordinances, standards and applicable requirements;

    (2)  Exterior building surfaces shall be of a color, material

         and texture to reduce daytime glare;

    (3)  Outdoor  lighting shall be shielded and directed on-site

         and downward;

    (4)  Outdoor lighting shall be reduced or softened after peak

         hours,  especially  in  restaurant  areas  and   in  the

         amusement   areas   after   the   Fun  Zone  has  ceased

         operations;

    (5)  Outdoor   lighting   shall  be  restricted  to  security

         lighting between the hours of 2:00 a.m. and 6:00 a.m.;

    (6)  General  night  lighting of all non-public service areas

         shall be a  minimum  level  of  two  footcandles  and  a

         maximum level of four footcandles;

    (7)  General night  lighting  in  public  areas  shall  be  a

         minimum level of four footcandles and a maximum level of

         eight footcandles; and

    (8)  A  Zoning  Ordinance text amendment shall be obtained to

         allow  the  use  of  lighting  that   blinks,   flashes,

         oscillates   or   is  of  unusually  high  intensity  of

         brightness.

These measures, as well as the approval  of  the  Fun  Zone  only

project  without  either the Central Plaza or the 1640 Appian Way

parking  structure,  will  avoid  or  substantially  lessen   the

potential  for  adverse  light  and glare impacts at the site and

thus mitigate or avoid any potential adverse  effects  identified

in the Final EIR, Section IV-F.

    (g)  The Final EIR determined  that  without  mitigation  the

project  could  result  in  significant  land  use impacts in the

following manner (Final EIR, Section  IV-I).   Residential  uses,

commercial  uses  and  public  facilities  all exist within close

proximity to one another in the Oceanfront District  adjacent  to

the  Pier.   The  project  meets  the  objectives  of  developing

visitor-commercial uses along the beach.   However,  the  project

does  not  comply  with  the  Zoning  Ordinance  and Land Use and

Circulation Element (LUCE) of the General Plan.  Consistent  with

Article  VI,  Section  12 of the City CEQA Guidelines and Section

15091 of the State CEQA  Guidelines,  the  City  finds  that  the

following  changes  or  mitigation measures have been required in

the  project  which  will  mitigate  or   avoid   the   potential

significant environmental effects identified with respect to land

use:

    (1)  Amend  the  Zoning  Ordinance for development within the

         Pier Overlay of the RVC District to allow three story/40

         foot  maximum  height  limit  for the replacement of the

         Sinbad's building, and 85 feet for one Ferris Wheel,  55

         feet  for  one roller coaster, and 45 feet for all other

         amusement rides.

These measures as well as the  approval  of  the  Fun  Zone  only

project  without  either the Central Plaza or the 1640 Appian Way

parking structure, will  mitigate  or  avoid  the  potential  for

significant  land  use  impacts  and  thus  mitigate or avoid any

potential adverse effects identified in the  Final  EIR,  Section

IV-I).

    (h) The Final EIR  determined  that  without  mitigation  the

project   could   result   in   adverse  impacts  on  the  City's

right-of-way/public  access  (Final  EIR,  Section  IV-J).    The

increased  number of visitors expected at the Pier as a result of

the proposed project could adversely affect the right-of-way  and

access  of  pedestrians,  bicyclists and motorists.  However, the

project  will  undertake  the  following  changes  or  mitigation

measures  which  will avoid or substantially lessen any potential

significant environmental  effects  identified  with  respect  to

right-of-way and public access:

    (1)  Project shall comply with all State and City  standards,

         codes  and  ordinances regarding the provision of access

         and parking to the general public and the handicapped;

    (2)  Pedestrian  walkways  through  the parking lots shall be

         clearly  delineated  and  signage  shall  be  posted  to

         indicate  the safest pathway to the Pier for pedestrians

         and warning motorists of those walkways.  The pedestrian

         access  pathway  from  the Civic Center site through the

         RAND Corporation site shall be marked  with  appropriate

         signage  and  the  stairs  adjacent  to  the Moss Avenue

         pumping plant shall be well lighted;

    (3)  Stop  signs  shall  be placed where the driveways to the

         1590 Appian Way parking lot and the 1440  Pacific  Coast

         Highway parking lot cross the Promenade walkway.

    (4)  The 1550 Pacific Coast Highway State parking lot  access

         road  shall  be widened at the entrance near the parking

         control booth to accommodate a  total  of  four  traffic

         lanes  ( two inbound and two outbound).  The lanes shall

         be reversible, thereby permitting up to three  lanes  in

         one direction during peak periods;

    (5)  Seaside Terrace between  Ocean  Avenue  and  Appian  Way

         shall  be  striped  with  three  lanes (a minimum street

         width of 36 feet is required).  A six foot  right-of-way

         would  be  required from the parcel on the north side of

         Seaside Terrace between Appian Way and Seaside  Terrace.

         Two  lanes could be provided in one direction and one in

         the other  to  accommodate  peak  inbound  and  outbound

         traffic  flows.   At the intersection of Seaside Terrace

         and Ocean Avenue, a specially  designed  traffic  signal

         shall  be  installed  to  allow  two lanes of traffic to

         enter southbound onto Ocean Avenue;

    (6)  Exiting (outbound) traffic shall be allowed to exit from

         the 1440 lot  directly  onto  southbound  Pacific  Coast

         Highway.   The exit shall be positioned far enough north

         to allow drivers to maneuver  either  into  the  Pacific

         Coast  Highway  lane  destined  toward eastbound I-10 or

         into the lane toward  the Pacific Coast Highway off-ramp

         to Ocean Avenue.  Clear signage shall be provided,
including advance warning inside the 1440 lot, to direct  drivers

to  this  exit  and  into  the  appropriate lanes for either I-10

eastbound or Ocean Avenue via Pacific Coast Highway;

    (7)  A  32  foot  wide  roadway  should  be  constructed,  if

         feasible, under the Pier  which  could  be  striped  for

         three  lanes of traffic.  During peak periods, two lanes

         could be used in one direction and one in the  other  to

         accommodate peak inbound and outbound traffic flows;

    (8)  The sidewalks on the south side of the Pier Bridge shall

         be widened by eliminating the sidewalk on the north side

         and relocating the two lanes of  traffic  to  the  north

         side;

    (9)  A 20 foot fire access lane shall be provided around  the

         entire  perimeter  of  the  Pier and a 12 foot ambulance

         lane shall be provided  through  the  Fun  Zone  to  the

         satisfaction   of  the  Santa  Monica  Fire  and  Police

         Departments;

    (10) The  Carousel  Park  handicapped  access  ramp  shall be

         brought up to code by installing a  continuous  handrail

         along the lower segment of the ramp, and a full handrail

         along the other side of the ramp.

These measures, as well as approval of the Fun Zone only  project

without  either  the Central Plaza or the 1640 Appian Way parking

structure, will avoid or substantially lessen the  potential  for

significant  adverse  impacts on right-of-way and access and thus

mitigate  or  avoid   any   significant   environmental   effects

identified in the Final EIR, Section IV-J.

     (i) The Final EIR determined  that  without  mitigation  the

project  would  result  in  adverse  impacts  on the City's water

supply.  (Final EIR, Section IV-M).  The project will have a  net

increase  in  water consumption of 55,149 gallon increase per day

over existing conditions.  Consistent with Article VI, Section 12

of  the  City CEQA Guidelines and Section 15091 of the State CEQA

Guidelines, the project will undertake the following  changes  or

mitigation  measures  which  will mitigate or avoid the potential

adverse environmental effects identified with respect to water:

    (1)  The project shall incorporate water saving  devices  and

         techniques   and   operate   the   proposed  project  in

         accordance with the requirements of all City Ordinances;

    (2)  Improvement costs to meet fire flow requirements and any

         improvements to on-site water lines shall  be  borne  by

         the project applicant;

    (3)  The project applicant shall pay a water  connection  fee

         to the Director of General Services in order to meet the

         requirements of the emergency water  control  ordinance,

         and

    (4)  the project applicant shall pay a water  connection  fee

         to  the City prior to issuance of a permit to connect to

         the water system.

These measures, as well as the approval  of  the  Fun  Zone  only

project  without  either the Central Plaza or the 1640 Appian Way

parking  structure  will  avoid  or  substantially   lessen   the

potential  for  significant adverse impacts on water conservation

and  thus  avoid  or   substantially   lessen   the   significant

environmental  effects  identified  in  the Final EIR (Final EIR,

Section IV-M).

    (j)  The Final EIR determined  that  without  mitigation  the

project  could  result in significant adverse impacts on sanitary

sewerage in the following manner (Final EIR, Section IV-M).   The

project   will  generate  a  net  increase  in  sewage  of 50,894

gallons  over  existing  conditions  per  day.   Consistent  with

Article  VI,  Section  12 of the City CEQA Guidelines and Section

15091 of the State CEQA  Guidelines,  the  City  finds  that  the

following  changes  or  mitigation measures have been required in

the  project  which  will  mitigate  or   avoid   the   potential

significant  environmental  effects  identified  with  respect to

sanitary sewerage:

    (1)  The applicant  shall  comply  with  current  and  future

         ordinance  provisions regarding sewer capacity allotment

         in the City;

    (2)  The   project   shall   incorporate  water  conservation

         measures.

    (3)  Prior  to  issuance of a building permit, a flow test of

         downstream lines shall  be  conducted  to  determine  if

         existing  sewer  lines  serving  the  project  site  are

         adequate to serve the proposed project and any  required

         improvements  to  the  sewage collection system shall be

         borne by the project; and

    (4)  A  sewerage  facilities charge shall be paid to the City

         before a permit can be issued to connect  to  the  sewer

         per Section 7190 of Ordinance 1451.

These measures, as well as the approval  of  the  Fun  Zone  only

project  without  either the Central Plaza or the 1640 Appian Way

parking  structure  will  avoid  or  substantially   lessen   the

potential  for  significant  adverse impacts on sanitary sewerage

and  thus  avoid  or   substantially   lessen   the   significant

environmental  effects  identified  in  the Final EIR (Final EIR,

Section IV-M).

    (k)  The Final EIR determined  that  without  mitigation  the

project  could  result  in adverse environmental impacts on solid

waste (Final EIR, Section IV-M).  The development  and  operation

of  the  project would result in a net increase of 33,519 gallons

over existing conditions.  Consistent with Article VI, Section 12

of  the  City CEQA Guidelines and Section 15091 of the State CEQA

Guidelines,  the  City  finds  that  the  following  changes   or

mitigation  measures have been required in the project which will

mitigate or avoid the potential significant environmental effects

identified with respect to solid waste:

    (1)  The  project  shall  participate  in  the  Santa  Monica

         Recycle program;

    (2)  Trash receptacles  sufficient  in  size  and  number  to

         contain  the  trash  generated  on  the  parcel shall be

         provided with outdoor receptacles shielded  from  public

         view  on  at least three sides by impact resistant walls

         of not less than five or not more  than  eight  feet  in

         height  and  an  impact  resistant gate of not less than

         five and not more than eight feet high;

    (3)  Appropriate   signage   shall  be  placed  in  strategic

         locations on the Pier to notify visitors  and  employees

         of existing anti-litter laws and regulations;

    (4)  Separate recycling  receptacle  cans  shall  be  clearly

         marked,  and  placed  alongside  trash  cans in the food

         court area, and all other public portions of  the  Pier;

         and

    (5)  recyclable food service products and shopping bags shall

         be required for all businesses on the Pier.

These measures, as well as the approval  of  the  Fun  Zone  only

project  without  either the Central Plaza or the 1640 Appian Way

parking  structure  will  avoid  or  substantially   lessen   the

potential for significant adverse impacts on solid waste and thus

avoid  or  substantially  lessen  the  significant  environmental

effects identified in the Final EIR (Final EIR, Section IV-M).

    (l)  The Final EIR determined  that  without  mitigation  the

project  could  result  in  significant  adverse  impacts in fire

protection in the following manner (Final EIR, Section  IV-N  and

VII-N).   Project implementation would increase the need for fire

protection  and  emergency  medical   services   in   the   area.

Consistent   with  Article  VI,  Section  12  of  the  City  CEQA

Guidelines and Section 15091 of the State  CEQA  Guidelines,  the

project  will  undertake  the following mitigation measures which

will avoid or  substantially  lessen  any  potential  significant

environmental effects identified with respect to fire protection:

    (1)  No  building  or  portion  of  a   building   shall   be

         constructed  more  than  150  feet  from  the  edge of a

         roadway of an improved street or designated fire lane;

    (2)  Fire hydrants shall be located on-site with their number

         and  location  determined  after  the  Fire   Department

         reviews definitive project plans and specifications;

    (3)  The proposed project shall comply  with  all  applicable

         State and local ordinances regarding fire prevention and

         suppression; and

    (4)  Definitive  project  plans  and  specifications shall be

         submitted to the Fire Department, and requirements shall

         be satisfied prior to issuance of a building permit.

These measures, as well as the approval  of  the  Fun  Zone  only

project  without  either the Central Plaza or the 1640 Appian Way

parking  structure  will  avoid  or  substantially   lessen   the

potential  for significant adverse impacts in fire protection and

thus avoid or substantially lessen the significant  environmental

effects identified in the Final EIR (Final EIR, Section IV-N).

    (m)  The Final EIR determined  that  without  mitigation  the

project  could  result  in  significant adverse impacts on police

protection (Final EIR,  Section  IV-N).   Project  implementation

would  increase  the  need  for  police  protection  in the area.

Consistent  with  Article  VI,  Section  12  of  the  City   CEQA

Guidelines  and  Section  15091 of the State CEQA Guidelines, the

project will undertake the following  mitigation  measures  which

will  avoid  or  substantially  lessen  the potential significant

environmental  effects  identified   with   respect   to   police

protection:

    (1)  Public spaces, such  as  common  areas,   parking  lots,

         stairways,  and  walkways  shall  be designed to prevent

         areas of concealment.

    (2)  All areas of the project shall be well-lighted including

         alcoves,  walkways,  and  parking  lots  and  shall   be

         designed to minimize illumination impacts on surrounding

         land uses;

    (3)  The  Police  Department be contacted for security design

         assistance.  A  security  plan  shall  be  prepared  for

         Police  Department  approval  prior  to  issuance  of  a

         building permit;

    (4)  The Police Department shall be provided with a design of

         the project upon completion that shall include  diagrams

         of   access  routes,  and  any  information  that  might

         facilitate police response; and

    (5)  A  full police substation shall be provided on the Pier,

         and it shall be staffed with  two  police  officers,  24

         hours a day.39. Appropriate  signage  shall be placed in

         strategic locations  on the Pier to notify visitors  and

         employees of existing  anti-litter laws and regulations.

    (6)   The project shall provide a full police substation on

          the Pier, and it shall be staffed Monday through

          Thursday with one officer working from 1 p.m. to 11

          p.m.; Friday, Saturday, and Sunday with two officers

          working from 4 p.m. to 2 a.m..  This schedule shall be

          supplemented by two officers working overtime on Fri-

          day, Saturday, and Sunday from 12 noon to 4 p.m.  This

          staffing would be in addition to the existing Harbor

          Guard coverage.

These measures, as well as the approval  of  the  Fun  Zone  only

project  without  either the Central Plaza or the 1640 Appian Way

parking  structure  will  avoid  or  substantially   lessen   the

potential  for  significant  adverse impacts on police protection

and  thus   mitigate   or   avoid   any   potential   significant

environmental  effects  identified in the Final EIR, Section IV-N

and VII-N.

    (n)  The Final EIR determined  that  without  mitigation  the

project   could   result   in   significant  adverse  impacts  on

cultural/historic resources in the following manner  (Final  EIR,

Section  IV-P).   Consistent  with  Article VI, Section 12 of the

City  CEQA  Guidelines  and  Section  15091  of  the  State  CEQA

Guidelines,  the  project will undertake the following changes or

mitigation measures have been required in the project which  will

avoid   or   substantially   lessen   the  potential  significant

environmental    effects    identified    with     respect     to

cultural/historic resources:

    (1)  To the extent feasible and consistent  with  the  public

         access  and  project  design  objectives,  the  proposed

         project  shall  conform  to  the   "Secretary   of   the

         Interior's  Standards  for Rehabilitation and Guidelines

         for  Rehabilitating  Historic  Buildings"  which   shall

         include  a  project  design  which  is  historically and

         architecturally compatible with the  existing  structure

         and  shall  include  preservation of the Pier's historic

         fabric;

    (2)  The  proposed  project  will  require  a  Certificate of

         Appropriateness by the City's Landmarks  Commission  and

         the   applicant   shall   comply   with   the   specific

         requirements imposed as a result of  an  issuance  of  a

         Certificate  of Appropriateness with respect to historic

         preservation;

    (3)  The  entire  property  shall  be photo-documented in its

         current   state   before   development   proceeds.     A

         photographic  record  shall  be  made  of  the  exterior

         historic fabric if  preservation  of  portions  of  that

         fabric is not possible.

These measures, as well as the approval  of  the  Fun  Zone  only

project  without  either the Central Plaza or the 1640 Appian Way

parking  structure  will  avoid  or  substantially   lessen   the

potential  for  significant  adverse impacts on cultural/historic

resources  and   thus   mitigate   or   avoid   the   significant

environmental  effects identified in the Final EIR, Section IV-P.

    (o)  The Final EIR determined  that  without  mitigation  the

project could result in significant adverse impacts on aesthetics

(Final EIR, Section IV-Q).  Consistent with Article  VI,  Section

12  of  the  City  CEQA Guidelines and Section 15091 of the State

CEQA Guidelines, the project will undertake the following changes

or  mitigation  measures  have been required in the project which

will mitigate or avoid the  potential  significant  environmental

effects identified with respect to aesthetics:

    (1)  During  the  project's  architectural  review   by   the

         Landmarks  Commission,  the City shall evaluate building

         mass,  height,  materials,  colors,  and  perimeter  and

         exterior    and    interior    landscaping   to   ensure

         appropriateness for their location.

This measure, as well as  the  approval  of  the  Fun  Zone  only

project  without  either the Central Plaza or the 1640 Appian Way

parking  structure  will  avoid  or  substantially   lessen   the

potential  for significant adverse impacts on aesthetics and thus

avoid  or  substantially  lessen  any  significant  environmental

effects identified in the Final EIR (Final EIR, Section IV-Q).

    (p)  The Final EIR determined  that  without  mitigation  the

construction  of  the project could result in significant adverse

impacts (Final EIR, Section IV-R).  Consistent with  Article  VI,

Section  12  of the City CEQA Guidelines and Section 15091 of the

State CEQA Guidelines, the project will undertake  the  following

measures  which  will mitigate or avoid the potential significant

environmental effects identified with respect to construction:

    (1)  California Occupational Safety and Health Administration

         requirements  regarding  scaffolding  erection and slope

         shoring shall be implemented during construction;

    (2)  Safety  measures  such as roping off the area underneath

         the construction zone on the  Pier,  using  construction

         barricades  and  providing  construction  site  warnings

         shall be taken.

    (3)  Security   lighting   shall   be  provided  at  all  the

         construction sites;

    (4)  Uniform  Fire  Code  and  Fire  Department  requirements

         relating to accessibility to construction sites and fire

         prevention  shall  be met including, but not limited to,

         maintaining adequate fire  access  paths  to  the  site,

         maintaining  working  fire extinguishers at the site and

         storing all volatile chemicals used in the  construction

         process in a fire resistant place;

    (5)  Truck deliveries shall  not  be  scheduled  during  peak

         traffic  periods  (between  7:30  a.m. and 9:00 a.m. and

         3:00 p.m. and 7:00 p.m.); and

    (6)  Construction  activities  shall  be  concentrated in one

         general area at a time, to the extent practical.

These measures, as well as the approval  of  the  Fun  Zone  only

project  without  either the Central Plaza or the 1640 Appian Way

parking  structure,  will  avoid  or  substantially  lessen   the

potential  for  significant adverse impacts from construction and

thus mitigate or  avoid  any  significant  environmental  effects

identified in the Final EIR, Section IV-R.

    SECTION 4.  The Final EIR found that the development  of  the

Fun  Zone  only  project  without either the Central Plaza or the

1640 Appian Way parking structure could result in  a  significant

impact  to  traffic  circulation  at the intersections of Lincoln

Boulevard and the I-10 Westbound Ramp and Ocean  Avenue  and  the

Pacific  Coast Highway ramp during the PM peak hours.  Consistent

with Article VI, Section 13  of  the  City  CEQA  Guidelines  and

Sections  15091  and 15093 of the State CEQA Guidelines, the City

Council hereby makes a Statement of Overriding Considerations and

finds  that  the benefits of the project outweigh its unavoidable

environmental risks based on the findings in Section  2  and  for

the following reasons:

    (a)  The project will revitalize the City-owned Pier in a way

         that preserves its unique character and at the same time

         serves the current and future needs of the community;

    (b)  The project will provide  increased public parking;

    (c)  The  project  will  provide  year   round   recreational

         opportunities;

    (d)  The  project  will  provide   extended   nighttime   and

         multi-season uses;

    (e)  The  project  will  provide   circulation   and   access

         improvements to the area around the Pier;

    (f)  The project will attract and serve visitors from a broad

         range of income groups and lifestyles;

    (g)  The design elements  of  the  project  will  retain  the

         historic and unique qualities that distinguish the Santa

         Monica Pier from other piers and commercial enterprises,

         and

    (h)  The project will emphasize the role of the Pier  in  the

         community.

    (i)  The project will deliver increased revenues to the  City

         while encouraging increased public access at the Pier.

    SECTION 5.  Further, the City Council finds that the  project

will  undertake  the  following  changes  and mitigation measures

which  will  reduce,  although  not  eliminate,  the  significant

impacts identified with respect to traffic and circulation:

    (1)  Restripe the northbound and southbound approaches to add

         another  through  lane  in the northbound and southbound

         directions at the intersection of Lincoln Boulevard  and

         Pico  Boulevard  (this  requires  eliminating  peak hour

         parking on Lincoln Boulevard).



This measure, as well as  the  approval  of  the  Fun  Zone  only

project  without  either the Central Plaza or the 1640 Appian Way

parking structure will avoid or reduce the  potential  impact  on

traffic  circuation,  therefore,  the City Council finds that, as

substantially mitigated by the above specified requirements,  the

potential impact on traffic and circulation is acceptable.


    SECTION 6.  In the event any  of  the  adverse  environmental

effects   identified   in   the  Final  EIR  are  not  considered

substantially mitigated within the meaning of Article VI, Section

13  of  the  City CEQA guidelines, and Section 15093 of the State

CEQA guidelines, the City Council finds that the benefits of  the

project  outweigh  its  unavoidable  environmental  risks for the

reasons stated in Sections 2 and 5.

         SECTION  7.  Pursuant to Public Resources  Code  Section

21081.6,  the  mitigation  measures  required  by this Resolution

shall be monitored by the City to ensure their compliance  during

project implementation in accordance with the requirements of the

EIR's mitigation monitoring program (Final EIR, Section  VI)  and

Development Review Permit conditions of approval.

         SECTION   8.   The  City  Council  certifies  that   the

environmental  review  for  the  project  was  conducted  in full

compliance with State and City CEQA Guidelines,  that  there  was

adequate  public review of the Draft Environmental Impact Report,

that the City Council has considered all comments  on  the  Draft

Environmental  Impact  Report and responses to comments, that the

Final  Environmental  Impact  Report  adequately  discusses   all

significant  environmental  issues, and that the City Council has

considered the contents of the Final Environmental Impact  Report

in its decision-making process.


         SECTION 9.  The City Clerk shall certify to the adoption

of this Resolution, and thenceforth and thereafter the same shall

be in full force and effect.

APPROVED AS TO FORM:



Robert M. Myers
City Attorney

w/ccpreso
May 26, 1992