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 -