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SR-6-N ~Z-r-co~ b-N SEP 1 3 1988 C/ED:PB:SF:AS Council Meeting: september 13, 1988 santa Monica, California TO: Mayor and city Council FROM: City Staff SUBJECT: certification of statement of Official Action for CUP 502, 2435 Main street. INTRODUCTION This report transmits for city council certification, a statement of Official Action for Conditional Use Permit 502 at 2435 Main street for the extension of the operating hours of the previously approved 75 seat restaurant and to permit an on-sale beer and wine license. BACKGROUND After public hearing and careful review of the record and staff recommendations, the City Council approved CUP 502 for the above project on August 9, 1988. RECOMMENDATION It is respectfully recommended that the City Council approve the attached statement of Official Action which contains findings and conditions of approval for CUP 502. Prepared By: Amanda Schachter, Associate Planner Paul Berlant, Director of Planning Suzanne Frick, Principal Planner STMEM2 08/31/88 Attachment ~-N SEP 1 3 1988 STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: CUP 502 LOCATION: 2435 Main street APPLICANT: Abbey Sher REQUEST: To extend the operating hours of the previously approved 75 seat restaurant and to permit an on- sale beer and wine license. CITY COUNCIL ACTION 8/9/88 Date. x Approved based on the following findings and subject to the conditions below. Denied. other. Approval of a beer and wine license. EXTENSION OF OPERATING HOURS FINDING 1. The proposed use is compatible with the existing and po- tential uses within the general area in that the condi- tions of approval, which include a wall baffle and planter box, valet parking, trash receptacles with rubber lids, as well as a performance bond, will insure mitigation of noise that could be generated late in the evening by vehi- cles, patrons, and trash receptacles. ALCOHOL OUTLET FINDINGS 1. The proposed use and location are in accordance with good zoning practice, in the public interest, and necessary that substantial justice be done in that the use is of a type specifically encouraged by the Land Use Element of the General Plan, incorporating a neighborhood as well as visitor serving commercial use which, with limited operating hours and limited to a beer and wine license, will not adversely affect the adjoining neighborhood. 2. The proposed use is compatible with existing and potential uses within the general area; traffic or parking congestions will not result i the public health, safety, and general welfare are protected; and no harm to - 1 - adjacent properties will result in that the use will complement the surrounding retail and museum uses. 3. The welfare of neighborhood residents adversely affected in that there is no project from Second Street. will access not be to the 4. The new alcohol license will not contribute to an undue concentration of alcohol outlets in the area in that this will be a full service restaurant where food will be served during all hours of operation 5. There will be no detrimental effect 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 restaurant is not located in an area with a large concentration of schools or churches, its hours of evening peak use will not coincide with school or church hours and the conditions of approval will minimize the potential effects on adjacent properties. ALCOHOL OUTLET CONDITIONS 1. The restaurant shall not serve beer and wine in the bar area after 9:30 p.m. during the week and 11 p.m. on weekends but may continue to sell alcoholic beverages in the dining area. 2. Parking lot illumination shall be provided and maintained. 3. The owner shall prohibit loitering in the parking area and shall control noisy patrons leaving the restaurant. 4. The primary use of the premises shall be for sit-down meal service to patrons. 5. In order to maintain the primary use of the premises for sit-down meal service, patrons shall not be permitted to use the bar unless they are waiting to be seated for meal services. 6. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises. 7. The premises shall serve food to patrons during all hours the establishment is open for customers. 8. Seating arrangements for sit-down patrons shall not exceed 75 seats. SPECIAL CONDITIONS 1. stand-up bars shall not be permitted. - 2 - 2. The outdoor patio shall not be used for dining or consump- tion of alcoholic beverages. 3. Trash pick-up shall be restricted to Main street. 4. Free valet parking shall be provided on the project site. 5. The Building and Safety Division shall review a filtering system which will adequately reduce restaurant odors 6. The operating hours on Sunday-Thursday shall be 8:30 a.m. to 12 a.m. and on Friday and Saturday 8:30 a.m. to 1:30 a.m. Opening hours shall be defined as the time the doors may open for business and the closing hours as the time at which customers must have left the premises. No trash may be taken out after 11:00 p.m. 7. A sound barrier shall be constructed on the north side substantially in accord with the following description and as illustrated by the attached diagram. The north side wall first shall be lowered to the window ledge of the existing residences on the north side. A planter box shall be constructed on top of the remaining wall with an angled extension built of marine grade plywood angled at no less than 30 degrees and no more than 45 degrees from the wall reaching a vertical height at least equal to the height of the top window sill and such as to not penetrate the line of sight from the middle 2/3 of each window to the top of the highest building on the project site. 8. That the planting in the planter box shall be acceptable to residents of adjacent dwelling, and should include vine-like plantings which grow over the planter box extension. 9. That the developer shall irrigate and maintain the land- scaping in the planter box referred to in number 8 above such that it is healthy at all times. 10. That a valet parking system be required beginning at 9 o'clock p.m. to park all cars (except vans) entering the project in the underground parking. The valet shall meet vehicles at the Main Street gate and return them to patrons at the same gate. No car alarms will be acti- vated. Valet service shall be free of charge. 11. All trash receptacle lids shall be made of rubber or plas- tic. Trash bins shall have rubber lids. 12. Signage shall be installed to remind valet operators, em- ployees taking out trash and patrons to avoid undue noise potentially disturbing to residents. 13. Signage directing restaurant and other patrons to the front gate along Main street to pick up cars shall be installed. - 3 - 14. The operator is required to maintain the noise level of the fan on Second street in accordance with City ordinan- ces and not higher that the noise level as measured on 8- l2-S8. 15. The Developer is required to post a $15,000 performance bond with release as follows: $5,000 shall be released upon satisfactory completion of northside planting/noise barrier. sign off by the Zoning Administrator shall be obtained prior to release~ $1,000 shall be released upon satisfactory installation of signage, rubber trash receptacles; $4,000 shall be released upon satisfactory implementa- tion of valet parking system; $5,000 shall be released upon verification by the zoning Administrator of five years of substantial com- pliance with all conditions of the CUP. 16. No occupancy of the restaurant shall be allowed until the sound barrier is installed and made effective to prevent unreasonable disturbances to surrounding residences. 17. A hedge shall be planted along Second street from the north property line to the north end of the restaurant building at a height of a feet to 10 feet at the time of installation. The hedge shall be full and completely fill in the space between the wall and the sidewalk. VOTE Ayes: Nays: Abstain: Absent: Conn, Finkel, Jennings, A. Katz, Zane None None H. Katz, Reed I hereby certify that this statement of Official Action accurately reflects the final determination of the City Council of the City of Santa Monica. signature date print name and title - 4 -