Item 7-A

City Council Meeting: 02-23-99 Santa Monica, California

TO: Mayor and City Council

FROM: City Staff

SUBJECT: Appeal 98-008 of the Planning Commission's Approval of Development Review 98-002 to Amend Conditions of Approval Stipulated in DR 91-006 to Allow Expansion of Pacific Park's Evening and Early Morning Hours of Operation; to Increase the Number of Holidays when the Park is Permitted Expanded Operating Hours; and to Allow Special Hours for up to 24 Private Events at the Amusement Park Annually. Applicant: Santa Monica Amusements, L.L.C. Appellants: Ellen Brennan and Tom Ray

INTRODUCTION

This report recommends that the City Council uphold the appeal, and modify the Planning Commission's approval of DR 98-002 to allow expansion of Pacific Park's evening and early morning hours of operation; to increase the number of holidays when the Park is permitted expanded operating hours; and to allow special hours for up to 24 private events at the amusement park annually. Although staff recommended modest increases in Pacific Park's operating hours, the Planning Commission determined that the applicant's request would be compatible with nearby residential land uses and approved the increased operating hours on July 1, 1998. Attachment A provides a comparison of Pacific Park's current hours, the application request, the Planning Commission approval, and staff's recommendation.

The appellant believes that the expanded operating hours will adversely impact the South Beach neighborhood due to the increased hours of noise from the amusement park and associated traffic, increased hours of traffic congestion through the neighborhood, increased hours of parking problems, and the potential for increasing crime. The appellants are requesting the City Council modify the Planning Commission determination.

BACKGROUND

Pacific Park was approved by the City Council on April 28, 1992, as a key element of City efforts to revitalize the Santa Monica Pier. The amusement park was developed and has been operated by Pacific Park, L.L.C. since the Park opened to the public in 1996. The approval of the Park was opposed by nearby residents due to traffic and noise impacts. The City Council approved the project and established very specific operating hours and operating conditions to minimize neighborhood impacts. The Pier project's design and conditions of approval also addressed potential adverse environmental impacts, which were identified in the project's Environmental Impact Report.

Efforts to revitalize the Pier began in 1981 with the goal of preserving the Pier's unique character be preserved while also ensuring that the Pier continue to serve residents and visitors of all income groups. The scale and character of development on the Pier is guided by the Pier's role in the City's history and its location adjacent to beachfront residential dwelling units.

ANALYSIS

Applicant's Request

The applicant requests the expansion of the amusement park's operating hours as follows:

• During the peak season, which is defined as the period from Memorial Day to Labor Day, the Park would close at 1 a.m. on Friday and Saturday; midnight on Sunday and Thursday; and 11 p.m. Monday through Wednesday.
• During the off peak season, the Park would close at midnight on Friday and Saturday; 11 p.m. on Sunday; and 10 p.m. Monday through Thursday.
• The number of days with holiday hours, which also includes a request to operate until 1 a.m., would increase from 8 to 11 days;
• Up to 24 private party events per year would be allowed to operate until 1 a.m. on any day of the week during the off-peak season; and
• Allow peak season hours for up to four weeks during Easter break and up to three weeks during Christmas break, depending on the Santa Monica-Malibu & L. A. Unified School District schedules.

In filing its request to increase the amusement Park's operating hours, the applicant indicates the amusement park has not generated sufficient revenue to cover operating costs, compensate investors and allow reinvestment to upgrade and renew Park attractions. Upgrading the park is considered key to attracting repeat patronage. The applicant states the additional operating hours are needed to capture "lost business," which is turned away when the Park "closes early." They point out that the operating restrictions were established before the Park was open, and state that the proposed operating hours are based on their experience managing the Park during the past two years. The applicant believes that "this modest request would enable Pacific Park to capture a significant amount of the lost business which management has learned is already present at the Pier, but which is currently turned away by virtue of the City's existing operating restrictions...".

The applicant commissioned an independent noise study the findings of which were consistent with the environmental impact analysis prepared for the original project. However, the applicant's acoustical engineer determined that, although patron noise from the roller coaster would be heard by neighbors (62 to 65 dBA), the roller coaster could operate later because noise from the safety ratchets and screams from riders would occur for less than 14 seconds of each ride cycle, representing less than 1 minute and 35 seconds of total impact during any 30 minute period. Although the relatively short duration of excessive noise levels from the roller coaster does not violate the City's Noise Ordinance, it will impact neighboring residents during the quieter late night and early morning hours requested by the applicant. Since noise from the Sea Dragon ride is significant, particularly during the quieter week nights, the applicant proposed closing the Sea Dragon ride at midnight to mitigate noise impacts on the neighboring residents. A copy of the applicant's proposal is contained in Attachment C.

Planning Commission Action

As previously stated, the Planning Commission determined that the applicant's request was reasonable and would be compatible with nearby residential land uses and, on a 4-1 vote, approved the following requests:

• Increased evening and early morning hours to allow the Park to close at 1 a.m. on Friday, and Saturday; midnight on Sunday and Thursday; and 11 p.m. Monday through Wednesday during the Memorial Day to Labor Day peak season.

During the Off-Peak season, the Park would close at midnight on Friday and Saturday; 11 p.m. on Sunday; and 10 p.m. Monday through Thursday.

• Increased the number of holidays from 8 to 11, and permit the Park to stay open until 1:00 a.m. on the 11 specified Holidays; and
• Approved a 1:00 a.m. closing time, any day of the week, for up to 24 private events annually held in the off-peak season.

The Planning Commission also imposed conditions to mitigate impacts on the neighborhood, including:

• No Sea Dragon ride after 11:00 p.m. during the peak season, 11 specified holidays, Easter and Christmas vacations and during the 24 off-peak season private party nights, when the Park can otherwise operate until 1:00 a.m.;
• No Sea Dragon ride after 10:00 p.m. Friday through Sunday, and 9:00 p.m. weekdays, during the off-peak season, in-lieu of midnight as requested;
• Ticket sales would stop thirty minutes prior to closing time;
• Additional security in adjacent parking areas would be required after midnight;
• Amplified music/PA volume would be restricted; and
• A Traffic Management Plan, directing traffic onto Pacific Coast Highway or Ocean Avenue, would be developed and implemented to minimize the number of vehicles exiting the Pier parking lots through the adjacent residential neighborhood.

The Planning Commission's Statement of Official Action is contained in Attachment D.

Appeal 98-008

On July 15, 1998, the appellants filed an appeal. The basis for the appeal is the appellants' belief that the late night and early morning operating hours will adversely impact the South Beach neighborhood. These impacts, according to the appellants, relate to the increased hours of noise from the amusement park and associated traffic, increased hours of traffic congestion through the neighborhood, increased hours of parking problems and the potential for increasing crime. The appeal statement is contained in Attachment B. The appellant's request that the City Council reverse the Planning Commission action and approve only the limited increases recommended in the July 1, 1998 Staff Report, providing: 1) Pacific Park retrofits the Sea Dragon to eliminate passenger noise (enclosing the passenger gondola, etc.); 2) all amplified music be prohibited; and 3) adoption of the Traffic Mitigation Plan, as detailed in the Planning Commission's approval. The Appeal Statement is contained in Attachment B and is summarized in the staff recommendation portion of Attachment A.

Noise Impacts

As discussed in Addendum 2 to the FEIR, the proposed project will not create any new noise sources, or increase noise levels above those being generated by the current operation. However, the proposal will result in amusement ride related noise extending into late evening and early morning hours. During these time periods, the ambient, or Community Noise Equivalent Level (CNEL), is comparatively low. As a result, the same noise impacts from Pacific Park would become more noticeable to neighboring residents as the CNEL drops.

There is a significant number of residential dwelling units in the beach area adjacent to the Pier. The Pacific Park operation does not violate the City Noise Ordinance, or exceed noise levels anticipated in the EIR during the current operating hours. Nevertheless, residents who leave their windows open, on summer nights in particular, have experienced noise from Pacific Park. The noise is more noticeable as the ambient noise from wind, surf, traffic and people subsides in the late evening hours, and when residents tend to be the most sensitive to noise.

Only three of the amusement attractions generate noise that is discernable in the residential neighborhood: a public address system used by the "barker" at the hammer booth, the Sea Dragon, and the Roller Coaster ride. All three of the attractions are located on the Pier's open deck. Reducing the level of noise from the barker's public address system can be accomplished by reducing the volume at night and/or redesigning the system with more speakers at lower volume to cover the same area and locating the speakers so that sound is directed away from beach dwellings. Currently, there are no feasible methods to reduce noise from the Sea Dragon and Roller Coaster, short of restricting the hours that they can be operated. The applicant recently advised staff that they believe the passenger gondola of the Sea Dragon can be enclosed to mitigate passenger noise. However, the applicant has not provided any specific details or noise analysis for this new proposal and staff was unable evaluate its feasibility. Accordingly, the Mitigation Measures in the EIR addendum require redesign of the barker's public address system and restricting operating hours for the Sea Dragon and Roller Coaster. The Planning Commission conditions of approval addressed the Sea Dragon hours of operation, but bid not specifically require redesign of the "barker" sound system and Roller Coaster hours of operation.

Except for the Roller Coaster, the applicant's Noise Study recommends the same mitigation measures as Addendum 2. Although the Roller Coaster may not violate the City Noise Ordinance, staff believes it will unreasonably impact neighbors after 10:00 p.m. on week nights, when many residents are trying to sleep. Accordingly, staff recommends that the roller coaster's operating hours be limited to mitigate noise impacts on neighboring land uses. These issues are addressed in condition 11b of this recommendation.

Police Department Comments

The Police Department has expressed concerns about the requested modifications in Pacific Park's hours. While they recognize that the Park's own security force maintains overall safety and security within the confines of Pacific Park, they are concerned about the effect that additional Park hours could have on security issues outside the confines of the Park. The Police Department supported the staff recommendation, providing Pacific Park considered augmenting off-site security on the Pier and the 1550 Beach Parking Lot.

In response to Police Department concerns, the Planning Commission imposed Condition 11e, requiring Pacific Park to provide a private security presence in parking areas adjacent to the Pier, from 10:00 p.m. to 2:00 a.m., on any of the 139 authorized nights the applicant elected to remain open after Midnight. The private security is not required if the Park closes by midnight. Condition 11e requires Pacific Park to fund the private security patrol. However, the Planning Commission approved additional operating hours that are not recommended by the Police Department. The Police Department continues to support the original staff recommendation. If the applicant's request is approved, they recommend that Planning Commission Condition 11e, be amended to require an overtime Police patrol, in-lieu of a private patrol. The cost to provide a two-officer patrol car, for the minimum four hour patrol, is approximately $60,142.52 per year, if the Park is open late for the 139 nights approved by the Planning Commission. The Police Department recommendation is contained in Attachment F. The Police Department also believes five days minimum notice is necessary for private parties if additional police resources are necessary. The Planning Commission determined that providing advance notice to City staff, the Police Department and up to 400 neighbors of upcoming special private parties was an unnecessary burden on the applicant.

Condition 11e was intended to require a private security presence in parking areas adjacent to the Pier from 10:00 p.m. to 2:00 a.m. any time the Park would be open after Midnight. The language in Condition 11e, as adopted by the Planning Commission, could be interpreted as requiring the security presence if the Park is open after 10:00 p.m. If the City Council approves operating hours after midnight, the condition should be modified to clarify that the security presence is required any time the Park is open after Midnight.

Pier Restoration Corporation Recommendation

The Pier Restoration Corporation (PRC) Board of Directors support Pacific Park's request for expanded operating hours. In its letter dated 6/17/98, the PRC states that Pacific Park is a key element in the new success of the Santa Monica Pier. Extending the operating hours would allow visitors to enjoy the Park during times that are more closely aligned with the hours of other entertainment on the Pier. The PRC recommendation is contained in Attachment G.

Amusement Park Hours in Surrounding Areas

Pacific Park's current evening operating hours exceed the hours of other Southern California amusement parks, most of which do not have Pacific Park's compatibility and scale constraints. Staff has surveyed the operating hours of other area amusement parks to determine if Pacific Park's existing hours are overly restrictive. Belmont Park, located in the Mission Bay area of San Diego, is the most similar attraction to Pacific Park, given its beach location, proximity to residential uses and development scale. Belmont Park also operates on a pay-as-you ride format, like Pacific Park. Belmont Park is open from 11 a.m. to 10 p.m. Sunday through Thursday, and 11 a.m. to 11 p.m. Friday and Saturday. Given the site context and development history, staff believes the applicant's request to operate amusement rides and attractions on the Pier's open deck until 1 a.m. on weekends; midnight on Sunday and Thursday; and 11 p.m. on weekdays is excessive.

Operating hours for Belmont Park, Disneyland, Knott's Berry Farm, Universal Studios and Magic Mountain are provided in Attachment K. It should be noted that the published operating hours for all of these amusement parks is limited to only midnight, except for Disneyland and Knott's Berry Farm. Both of these parks are open until 1:00 a.m. on Saturday nights during the peak summer season. Most parks also use peak season hours during the Spring and New Year's school breaks, and Saturday operating hours for holidays.

Based upon this survey of other parks in Southern California, and the location of Pacific Park in proximity to residential uses, staff believes that the current park hours are appropriate. There are, however, some instances where additional hours are warranted as further analyzed below.

Private Parties

Pacific Park is requesting 24 private parties per year during the off-peak season with a 1:00 a.m. closing, any day of the week. Private functions are currently allowed any day of the week if conducted during normal operating hours. For example, a private party must close at 9 p.m. on a week night during the off-peak season.

Staff recommends :

• Allowing up to 12 private parties a year during the off-peak season using peak season hours for the particular day of the week the private party is held;
• Restricting the high noise generating rides after 9 p.m. on week nights.

This provides Pacific Park with a means of expanding its patron base while respecting neighborhood needs. The Planning Commission approved 24 nights with a 1:00 a.m. closing time and no Sea Dragon after 11:00 p.m.

Holidays

Pacific Park has requested that the Park be able to operate until 1:00 a.m. on 11 holidays, with the option for the Park to select either the holiday or the holiday eve for the extended operating hours, as outlined in Attachment A. Staff recommends that, on 11 holidays a year, the Park should be permitted to operate until midnight. Staff believes that these holidays, or eve of the holiday, are days that typically function similar to a Friday or Saturday evening. Therefore, using the weekend hours for holidays is reasonably consistent with current operations. Since New Year's Eve is different from other holidays, as the focus of the holiday is midnight, staff believes that allowing the Park to operate until 12:30 a.m. on this holiday is justified. The Planning Commission approved the requested 1:00 a.m. closing time, with the Sea Dragon closing at 11:00 p.m. The recommended holidays are also identified in Attachment A.

Additionally, the applicant has requested that the peak season hours be extended for four weeks during spring break and three weeks during Christmas/New Year's school breaks. Staff recognizes the Park's desire to accommodate families on vacation and students who are not in school during these periods. However, staff believes a more reasonable approach that would coincide with these holiday periods and be compatible with neighborhood concerns would be to allow peak season hours during the two weeks surrounding Easter Sunday (Sunday before to Sunday after Easter) and the week between Christmas and New Year's (December 26 - January 2). The Planning Commission approved the requested four weeks during spring break and three weeks during Christmas/New Year's school breaks, per the local school calendar.

Twilight Dance Series

Pacific Park is requesting a midnight closing on summer Thursdays to capture a larger share of the Twilight Dance Series patrons that are already on the Pier. The Twilight Dance programs conclude at 9:00 p.m. A later closing time is justified for the Twilight Dance nights if the park's high noise generating rides (the Sea Dragon, and Roller Coaster) are prohibited from operating after 10:00 p.m. However, staff believes that an 11:00 p.m. closing is more appropriate for the Twilight Dance nights given the proximity to residential uses. This additional hour is not expected to draw new customers to the Park, but merely to provide an additional attraction to Pier visitors during the popular summer Pier event. The Planning Commission approved the Midnight closing time, with the Sea Dragon closing at 11:00 p.m.

MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE

The amusement park use is consistent with the Municipal Code and in conformity with the General Plan.

CEQA STATUS

A Final Environmental Impact Report (FEIR) was prepared and certified for the Pier Project on April 28, 1992. The FEIR analyzed impacts associated with the amusement park development and ongoing operation (The amusement park is referred to as the Fun Zone in the FEIR). The FEIR identified potential impacts and mitigation measures to address amusement park impacts. Specifically, Addendum 2 to the project EIR was prepared pursuant to the requirements of Sections 15300.2.(c) and 15164 of the CEQA Guidelines to provide sufficient analysis to insure compliance with CEQA. The addendum analysis includes information from a noise study that was recently conducted by the applicant's consultant. Addendum 2 is provided in Attachment H. The environmental analysis identified three potential environmental issues: (1) potential Noise impacts; (2) potential Transportation/Circulation impacts; and (3) potential Public Service impacts. These impacts, however, are mitigable to a level of insignificance. A copy of the FEIR and Addendum 1 are provided in Attachment L.

PUBLIC NOTIFICATION

Pursuant to Municipal Code Section 9.04.20.20.080, within 30 days after the subject application was deemed complete, the applicant posted a sign on the property stating the following information: project case number, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the City Planning Division phone number.

In addition, pursuant to Municipal Code Sections 9.04.20.22.050 and 9.20.14.010, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius of the project and published in the Argonaut newspaper at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment A. The Applicant also indicates that they attended meetings of the South Beach Neighborhood Watch group and met with the Pier Restoration Corporation and the Santa Monica Pier Lessee's Association to discuss the proposed project.

BUDGET/FINANCIAL IMPACT

The recommendation presented in this report does not have a significant budget or fiscal impact. However, the Police Department has determined that the applicant's request, as approved by the Planning Commission, would have a significant impact on Police resources.

Conclusion

The amusement Park's current operating hours were adopted to provide the maximum use of the Pier resource without unreasonably impacting neighboring land uses. Pacific Park's current evening operating hours exceed the hours of most other Southern California amusement parks. Unlike other amusement parks which have access from freeways or commercial corridors, most of Pacific Park's visitors drive through the residential neighborhood to access and depart the amusement park. The appellants believes the applicant's request to operate amusement rides and attractions on the Pier's open deck until 1 a.m. on weekends, holidays and during 24 Special Private Parties; midnight on Sunday and Thursday; and 11 p.m. on weekdays goes beyond the intent of the project and are not warranted. The Planning Commission determined the request was reasonable and would not unreasonably impact neighboring residential uses. The Pier Restoration Corporation also recommends approval of the applicant's request. Nevertheless, the applicant's request represents a 69% increase in the number of days peak season operating hours would be allowed. Additionally, the proposed off-peak season hours would exceed current peak season operating hours. Staff and the appellants believe the applicant's request is incompatible with the surrounding residential land uses and would unreasonably impact these beachfront neighborhoods during the late evening and early morning hours.

RECOMMENDATION

It is recommended that the City Council adopt Addendum 2 to the Final Environmental Impact Report, amending Mitigation Measures, and adopt the following findings and amended conditions for DR 91-006, and EIA 90-007. Staff will transmit to the City Council a complete copy of the project findings and conditions when the Statement of Official Action returns to the City Council for approval.

FINDINGS

FINDINGS FOR DEVELOPMENT REVIEW PERMIT 91-006, FOR THE REVISED PROJECT CONSISTING OF THE FUN ZONE AND PARKING LOT IMPROVEMENTS AND DEVELOPMENT REVIEW PERMIT 98-002:

1. The physical location, site, massing, and placement of proposed structures on the site and the location of proposed uses within the project area compatible with and relate harmoniously to surrounding sites and neighborhoods, in that the design elements retain the historic and unique qualities of the Pier and that the uses emphasize the role of the Pier in the community.

2. The rights-of-way can accommodate autos and pedestrians, including parking and access, in that specific mitigation measures have been designed to improve traffic and circulation in the Pier area have been required as conditions of approval.

3. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodate the new development, in that specific mitigation measures have been developed and have been required as conditions of approval.

4. The project is generally consistent with the Municipal Code and General Plan, in that, upon the approval of the text amendment required to allow additional lighting on Fun Zone rides, the Final EIR found that the revised project without the Central Plaza and 1640 Appian Way parking structure is consistent with the Municipal Code and General Plan.

5. Reasonable mitigation measures have been included for all adverse impacts identified in the Environmental Impact Report, in that with the implementation of all the required mitigation measures the project will result in two unavoidable significant traffic impacts.

6. The project will revitalize the City-owned Pier in a way that preserves its unique character and at the same time serves the current and future needs of the community. The project will provide:

(a) increased public parking;

(b) year round recreational opportunities;

(c) extend nighttime and multi-season uses;

(d) circulation and access improvements to the area around the Pier;

(e) uses that will attract and serve visitors from a broad range of income groups and lifestyles;

(f) design elements that retain the historic and unique qualities that distinguish the Santa Monica Pier from other piers and commercial enterprises;

(g) uses that emphasize the role of the Pier in the community, and

(h) increased revenues to the City while encouraging increased public access at the Pier.

CONDITIONS

Miscellaneous Condition 11 of DR 91-006 are amended as follows:

(Amendments to DR 91-006 is in bold text)

11a. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. Pacific Park's amplified sound systems shall be redesigned so that the maximum measurable exterior noise level after 9:00 p.m. shall not exceed 45 dBA for more than 15 minutes within any 30 minute period and 65 dBA at any time. Mechanical Noise shall not exceed 50 dBA (Lmax) after 10:00 p.m.

11b. The hours of operation for the Fun Zone/Pacific Park Amusement area shall be:

(1) Peak Season operating hours are from 10:00 a.m. to 10:00 p.m. Sunday through Thursday, and from 10:00 a.m. to Midnight Friday and Saturday. The Peak Season includes the period from the Friday before Memorial Day through Tuesday morning following Labor Day. On Twilight Dance Series nights only, the operating hours are from 10:00 a.m. to 11:00 p.m., providing the Sea Dragon and Roller Coaster are not operated after 10:00 p.m.

(2) Off-Peak Season operating hours are from 10:00 a.m. to 9:00 p.m. Sunday through Thursday, and 10:00 a.m. to Midnight on Friday and Saturday. The Non-Peak Season begins the day after Labor Day and continues to the Friday before Memorial Day. Peak Season hours, as specified in 11b(1) above, are allowed from the Sunday preceding Easter Sunday to the Saturday following Easter Sunday (Spring break), and from December 26^th to January 2^nd (Christmas/New Year's break), providing the Sea Dragon and Roller Coaster are not operated after 9:00 p.m. Sunday through Thursday.

(3) The Park may operate from 10:00 a.m. to 12:30 a.m. on New Year's Eve, and from 10:00 a.m. to Midnight on the following holidays:

Eve of Martin Luther King Day Eve of Labor Day

Eve of President's Day Eve of Veteran's Day

St Patrick's Day Halloween

Eve of Memorial Day Thanksgiving Day

Cinco de Mayo Christmas Day

4^th of July

(4) Up to twelve (12) special private parties, during which the amusement park would be closed to the general public, may be permitted during the Off-Peak Season only. Operating hours shall be from 10:00 a.m. to 10:00 p.m. Sunday through Thursday, and from 10:00 a.m. to Midnight Friday and Saturday, providing the Sea Dragon and Roller Coaster are not operated after 9:00 p.m. Sunday through Thursday, and the following conditions are met:

(a) Any amplified music/sound systems shall be designed to direct sound to the west. The Operator shall provide an on-site audio technician for the duration of any special private party that involves amplified music/sound systems. The technician shall monitor Pacific Park's amplified sound systems to insure that the maximum measurable exterior noise levels after 9:00 p.m. shall not exceed 45 dBA for more than 15 minutes within any 30 minute period and 65 dBA (Lmax) at any time. Mechanical Noise shall not exceed 50 dBA (Lmax) after 10:00 p.m.

(b) The operator shall prepare and distribute a flyer notifying residential and commercial neighbors, west of Ocean Avenue, south of Santa Monica Boulevard and north of Pico Boulevard, at least five (5) days prior to a special private party. The notice shall also be delivered to the City Planning Division, Pier Restoration Corporation and the Santa Monica Police Department's Operation Office Commander (at Police Department Headquarters). The neighborhood notification shall include a brief description of the event, event times, and the on-site location, telephone number and name of the contact person(s) that is directly responsible for the event and will be available during the event.

(c) A sign providing notification that the amusement park will be closed to the general public shall be prominently posted on the pier two weeks prior to a special private party.

(d) Pacific Park shall be directly responsible for all private party activities. No outside promoters are permitted.

Subsection 11b (6) does not apply to private functions which are conducted pursuant to other provisions of this permit during normal operating hours.

(5) Ride ticket sales shall cease thirty (30) minutes prior to the closing time.

The following condition should be adopted if the City Council approves operating hours after midnight:

(11e) The amusement park's security plan shall be amended to provide, at the expense of the operator of Pacific Park, an overtime Police patrol in the pier area and pier parking lots along Appian Way from 10:00 p.m. to 2:00 a.m. on nights the park will operate after Midnight. Such security patrol is intended to provide a uniformed security presence during the hours Park visitors are leaving the area. The mode of operation and deployment shall be consistent with the Police Department approved security plan. The patrol unit shall be a two (2) person car, or other configuration specifically approved by the Police department.

CONDITIONS OF APPROVAL PER THE EIR MITIGATION MEASURES

(11b) The Roller Coaster ride shall be designed to require and use plastic wheels on metal rails. Subject to appropriate safety codes, buffers that reduce noise from the Roller Coaster's safety ratchets shall be maintained and/or upgraded with newer designs or materials as they become available to minimize noise.

Except as modified by this approval, all previous conditions relating to DR 91-006, RPP91-008, and EIA 90-007 shall remain in full force and effect.

Prepared by: Suzanne Frick, Director

Jay Trevino, AICP, Planning Manager

David Martin, Senior Planner

Bruce Leach, Associate Planner

City Planning Division Planning and Community Development Department

Attachments:

A. Summary of Current, Proposed & Recommended Operating Hours

B. Appeal Statement

C. Applicant's Proposal

D. Planning Commission's Statement Of Official Action

E. Planning Commission Staff Report

F. Police Department Memo

G. Pier Restoration Corporation Recommendation

H. Notice of Public Hearing

I. Correspondence received from the public

J. Photographs of Site

K. Amusement Park Survey

L. 4/28/92 Statement Of Official Action

M. Addendum #2 to FEIR for Santa Monica Pier Development Project

N. Addendum #1 and FEIR for Santa Monica Pier Development Project

Initials SF:JT:bl F:\ADMIN\SHARE\PENSTAF\CCSTF\990223\s99022307-A.wpd

February 18, 1999

ATTACHMENT A

Summary of Operating Hours

* Appeal 98-008, providing: 1) the Sea Dragon is retrofitted to eliminate passenger noise; 2) all amplified music be prohibited; and

3) implementation of a Traffic Mitigation Plan.

* Appeal 98-008, providing: 1) the Sea Dragon is retrofitted to eliminate passenger noise; 2) all amplified music be prohibited; and

3) implementation of a Traffic Mitigation Plan.

** Private Parties:

• No Sea Dragon after 9:00 p.m. on week nights;
• Provide 5 day notification to Police Department, 72 hour neighborhood notification & post 2 week public notification onsite; and
• Noise limitations & audio monitoring for any amplified sound systems. (Appeal 98-008 proposes no amplified music)
• No outside promoters.

* Appeal 98-008, providing: 1) the Sea Dragon is retrofitted to eliminate passenger noise; 2) all amplified music be prohibited; and

3) implementation of a Traffic Mitigation Plan.

ATTACHMENT K

SURVEY OF AMUSEMENT PARK

OPERATING HOURS

Belmont Park (Mission Beach, San Diego )

Peak Season Sunday-Thursday 11:00 a.m. - 10:00 p.m.

Friday & Saturday 11:00 a.m. - 11:00 p.m.

Off-Season Sunday-Thursday 10:00 a.m. - 7:00 p.m.

Friday & Saturday 11:00 a.m. - 9:00 p.m.

Disneyland⁽¹⁾

Peak Season Monday-Thursday 9:00 a.m. - 10:00 p.m.

Friday 9:00 a.m. - 12:00 a.m.

Saturday 9:00 a.m. - 1:00 a.m.

Sunday 9:00 a.m. - 12:00 a.m.

Off-Season Monday-Thursday 10:00 a.m. - 6:00 p.m.

Friday 9:00 a.m. - 11:00 p.m.

Saturday 9:00 a.m. - 12:00 a.m.

Sunday 9:00 a.m. - 10:00 p.m.

New Years Eve 9:00 a.m. - 3:00 a.m.

Private parties Friday nights during off season

Knott's berry farm⁽²⁾

Peak Season Monday-Friday 9:00 a.m. - 10:00 p.m.

Saturday 10:00 a.m. - 1:00 a.m.

Sunday 9:00 a.m. - 10:00 p.m.

Off-Season Monday-Friday 10:00 a.m. - 6:00 p.m.

Saturday 9:00 a.m. - 12:00 p.m.

Sunday 10:00 a.m. - 7:00 p.m.

Magic Mountain

Peak Season Sunday - Thursday 10:00 a.m. - 10:00 p.m.

Friday & Saturday 10:00 a.m. - 12:00 a.m.

Off-Season Sunday 10:00 a.m. - 8:00 p.m.

Monday - Friday 10:00 a.m. - 6:00 p.m.

Saturday 10:00 a.m. - 10:00 p.m.

Sea World

Peak Season Daily 9:00 a.m. - 11:00 p.m.

Off-Season Daily 10:00 a.m. - 5:00 p.m.

Universal Studios

Peak Season Daily 7:30 a.m. - 11:00 p.m.

Off-Season Daily 9:00 a.m. - 7:00 p.m.

• Closing times that exceed Pacific Park's current hours are in bold.

• Belmont Park, on Mission Beach, San Diego, is the only other amusement park in Southern California, with similar thrill rides, that is on a beach location with residential land uses nearby.

• Most Attractions use Saturday operating hours for holidays, either the holiday or the eve, but, not both days, unless one of the days fall on a weekend.

• Most attractions use peak season hours during the Spring and New Year school breaks.

• Primarily during the off season, most parks close early when low attendance is anticipated, such as during inclement weather.

1. Disneyland varies from published hours. For example, close early for inclement weather, or stay open later for private parties or unusually high park attendance.

2. Knott's operates its Halloween Haunt from 7p.m. to 2 a.m. on weekends in October.