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SR-6-M I/p?, col/ CjED:RAS:RM:nh Council Mtg: March 24, 1987 Santa Monica, California TO: Mayor and city council ~-t11 MAR 2 4 1981 FROM: City staff SUBJECT: Recommendation to Adopt Findings Approval of Development Review Conditional Use Permit 410-B for a at 1721 Broadway. and Conditions for Permit 320-B and 120-Seat Restaurant INTRODUCTION This report recommends the Council adopt the attached findings and conditions for approval of Development Review Permit 320-B and Conditional Use Permit 410-B for a 120-seat restaurant with liquor license at 1721 Broadway. BACKGROUND On February 10, 1987, the Council held a public hearing on the subject requests and voted to approve the project, with staff to return with specific findings and conditions of approval. These have been prepared and are included herein. BUDGET/FISCAL IMPACT The recommendation presented in this report does not have a budget or fiscal impact. ~"M MAR 2 4 1987 - 1 - '. RECOMMENDATION staff respectfully recommends that the City Council adopt the following findings and conditions in regard to the approval of Development Review Permit 320-B and Conditional Use Permit 410-B. DEVELOPMENT REVIEW FINDINGS 1. The development is consistent with the findings and pur- pose of Ordinance 1321 as set forth below. 2. The physical location and placement of proposed structures on the site are compatible with and relate harmoniously to surrounding sites and neighborhoods in that the building is existing, except for a proposed 330 sq. ft. addition along the west Broadway frontage; the building is 100' from residential uses to the north; the adjacent retire- ment home is buffered from the use by an alley and a lack of public access openings along the west side of the sub- ject building; and parking lot screening and landscaping will be provided. 3. The existing and/or proposed rights-of-way and facilities for both pedestrian and automobile traffic will be ade- quate to accommodate the anticipated results of the pro- posed development including off-street parking facilities and access thereto in that the office, retail and res- taurant uses complement each other with differing hours of peak use; parking meets Code requirements for the pre- existing uses and for the new restaurant use; approximate- ly seven additional parking spaces are provided beyond those required; employee parking will be provided on site; and alley improvements will be provided if deemed neces- sary by the Director of General Services. 4. The existing and/or proposed public and/or private health and safety facilities (including, but not limited to, sanitation, sewers, storm drains, fire protection devices, protective services, and public utilities) will be ade- quate to accommodate the anticipated results of the pro- posed development. 5. The proposed development is consistent with the General Plan of the City of Santa Monica and the Zoning Ordinance in that the project will conform to the height, bulk, use and urban design policies for the Broadway Mixed-Use Dis- trict as specified in the Land Use Element of the General Plan and conform to the appropriate C4 District standards contained in the Zoning Ordinance. - 2 - CONDITIONAL USE PERMIT FINDINGS 6. The change in the license will not contribute to an undue concentration of alcohol outlets in the area in that there are only four other restaurants in a three block radius having liquor licenses with only one of these having a Type 47 general liquor license. 7. There will be no detrimental affect on nearby residentially zoned neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets in that the sale of liquor will be regulated to be integrated into the operation of the restaurant; there will be no dancing or live entertainment; take-out food service will only occur on an incidential basis; the building parking lot entrance will be 100' away from residential uses to the north and 120' from the retirement home to the west; and market and restaurant hours will not extend beyond the hours of 8:00 a.m. to 11:00 p.m. 8. The proposed use and location are in accordance with good zoning practice, in the public interest, and necessary that substantial justice be done and the proposed use is compatible with existing and potential uses within the general area; traffic or parking congestion will not result; the public health, safety, and general welfare are protected; and no harm to adjacent properties will result based on all the other findings set forth herein. 9. The welfare of neighborhood residents will not be adversely affected based on all the other findings set forth herein. CONDITIONS 1. Plans for final design, landscaping, screening, trash en- closures, and signage shall be SUbject to review and ap- proval by the Architectural Review Board. Additional landscaping such as planters or landscape strips shall be provided along both street frontages of the building, sub- ject to the approval of an Encroachment Permit, if and as needed. The Board shall ensure that parking lot screening and landscaping (required by Condition 5) is substantial enough to create a significant landscape buffer and pleas- ing appearance around and within the parking lot. 2. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept may be subject to Planning Commission Review. Construction shall be in substantial conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. - 3 - '. 3. The rights granted herein shall be effective only when exercised within a period of one year from the effective date of approval. Upon the written request of the appli- cant, the Director of Planning may extend this period up to an additional six months. 4. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative Code, Title 24, Part 2. 5. The parking lot shall be striped, screened and landscaped in conformance with Sec. 9127.J.l and Sec. 9129.F.7 (SMMC) . 6. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 7. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with Sec. 9127J. 2-4 (SMMC). Refuse areas shall be of a size adequate to meet on-site need. 8. A 5 to 6 foot solid masonry wall shall be provided along property lines which abut residential property in accor- dance with Sec. 9127.1 (SMMC). 9. 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. 10. No noise generating compressors or other such equipment shall be placed adjacent to neighboring residential buildings. 11. A security plan shall be approved by the Chief of Police prior to issuance of a certificate of Occupancy. 12. street trees shall be maintained, relocated or provided as required in a manner consistent with the City'S Tree Code (Ord. 1242 CCS), per the specifications of the Department of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 13. Street and/or alley lighting shall be provided on public rights-of-way adjacent to the project if and as needed per the specifications and with the approval of the Department of General Services. 14. Any outdoor lighting shall be shielded and/or directed away from adjacent residential properties, with any such lighting not to exceed 0.5 foot candles of illumination beyond the perimeter of the subject property. - 4 - 15. Hours of operation of the market and of restaurant service shall not extend beyond the hours of 8:00 a.m. to 11:00 p.m. 16. On-site parking shall be made available without cost to building customers and employees, with appropriate parking lot signage to so indicate. 17. Parking lot illumination shall be provided and maintained. 18. The owner shall prohibit loitering in the parking area and shall control noisy patrons leaving the restaurant. 19. The primary use of the restaurant premises shall be for sit-down meal service to patrons. There shall be no separate bar or lounge seating where full food service is not available. 20. No more than 120 restaurant seats shall be provided on the premises. 21. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises. 22. The premises shall serve food to patrons during all hours the restaurant is open for customers. 23. Restaurant take-out service shall only be allowed on an incidental basis to the primary sit-down restaurant use. 24. No dancing or live entertainment shall be permitted on the premises. 25. Final plans for any changes to exterior design, landscaping, trash enclosures, and/or signage shall be subject to review and approval by the Architectural Review Board. 26. Improvements to the alley, including speed bumps, shall be installed at the expense of the applicant if required by the Director of General Services upon review of pertinent safety factors. 27. The front addition at the southwest corner of the building shall be set back at least 1811 from the Broadway property line to allow for additional landscaping and increase visibility at the intersection of the alley and Broadway. - 5 - Prepared by: R. Ann Siracusa, Director of Planning Richard Mills, Associate Planner Planning Division Community and Economic Development Department RAS :RM:nh CCDR320B 03/09/87 - 6 -