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SR-7-A (21) PCo SF KG AS OJ f \plan\share\councll\strpt\dr96001 722 Council Mtg August 12, 1997 7A AUG 2 6 1997 Santa MOnica, California TO Mayor and City Council FROM City Staff SUBJECT Approve Resolution to Amend the General Plan Land Use Map to Change the Land Use Designation for a Portion of the Site Located at 2415 Main Street. Commonly Known as the Edgemar Project, From Medium Density Residential to Service and SpecIalty Commercial, Introduce for First Reading Two Ordinances. One for AmendIng the OfficIal DIstnctlog Map to Change a PortIon of the Site From OP-2, Low Density Multi-Family ReSidential to CM-2, Main Street Commercial, and Another Ordinance to Amend Santa Monica Municipal Code Section 9040828070 to Remove the 75 Restaurant Seat Limitation for Restaurants Location In the CM District, Appeals (Appeals 97-007, 97-008 and 97-009) of Planning CommISSion Approval of Development Review Permit 96-001 Amending the EXisting Development Review PermIt Conditions of Approval and PermItted Uses for the Project, Planning CommiSSion Approval of CondItional Use Permit 97- 004 to Permit a Live Performance Theater With 164 Seats, Planning CommiSSion Approval of Variance 96-001 Permitting Valet Tandem Parking for the Required Parx.lng, Planning CommiSSion Approval of Conditional Use Permit 96-011 to Permit the Restaurant Seating to Increase from 75 Seats to 101 Seats WIth Outdoor Patio Seating Applicants Ken Kutcher of Lawrence and Harding representrng Edgemar, Ken Kutcher of Lawrence and Harding Representing Loretta Theater Appellants Ken Kutcher of Lawrence and Harding Representing Edgemar, Lou Ann Neill Representing Ocean Park Community Advocates. Hans Rockenwagner INTRODUCTION The Planning CommiSSion was asked by the applicant to modify the eXisting land use approvals for the project located at 2415 Main Street, commonly known as the Edgemar Project As part of the approval process, the Planning CommiSSion approval consisted of · Development RevIew 96-001 to amend the onglnal Development Review permit conditions of approval, to permit a change In use from museum space to live performance theater space With a maximum of two artist StudiOS, and to modify prevIously approved conditions of approval, 1 7A AUG 2 6 1997 -=:.. -- · Conditional Use PermIt 97-004 to allow a live performance theater complex with 164 seats, · Vanance 96-001 to permit the 19 additional parking spaces requIred for the new uses through a valet operated tandem parking system, · Conditional Use Permit 96-011 to amend the eXisting Conditional Use permit for the restaurant to allow outdoor restaurant seating with alcohol sales and to allow an Increase In the total number of restaurant seats from 75 to 101, · Recommendation to change the land use designation for the portion of the Edgemar property classified Medium Density Residential to Service and Specialty Commercial, · Recommendation to amend the OffiCial Dlstnctlng Map to change the portion of the Edgemar property zoned OP-2 (Low Density Multi-Family Residential) to CM-2 (Main Street Commercial), and · RecommendatIon to modify Santa MOnica MUnicIpal Code Section 9 04 08 28 070 to remove the 75 seat limitation for restaurants on the east Side of MalO Street north of Ocean Park Boulevard ThiS report recommends that the City Council uphold the deCISion of the Planning Commission to approve the modifications to the land use permits, consistent with the Planmng Commission conditions of approval, adopt a Resolution amending the General Plan land Use Map, Introduce for first reading an Ordinance amendmg the OffiCial City Dlstnctlng Map, and deny the appeals BACKGROUND Project Descflotlon The subject property ("Edgemar") IS a 50,000 square foot parcel located on the east SIde of Mam Street between Hollister Avenue and Ocean Park Boulevard, with a frontage of 250 feet along both Main and Second Streets The Main Street frontage IS zoned CM2 2 (MaIn Street Commercial), and the Second Street frontage IS zoned OP2 (Ocean Park Low Density Residential) Uses on the site Include the Santa MonIca Museum of Art, an Ice cream shop, a hair salon, clothing stores, a lighting store, a bookstore, a museum shop, gallery spaces, and general office space In order for the Edgemar project to be approved In 1985, numerous discretionary permits had to be granted by the City These approvals (DR 253, CUP 370, ZA 3831-Y, and EIA 773) Included an Initial Study and adoption of a Negative Declaration which allowed for a number of vanatlons from the stnct Interpretation of the code requirements, variances for parking and a front yard setback reduction, and permitted the commercial use of the residentially-zoned portion of the site to continue to the year 2020 The approvals also allowed for renovation of a 20,650 sq ft bUIldIng (the Edgemar Farms Egg Processing Plant), the removal of three IndustrIal bUIlding, and the constructIon of a new, three-story, 13,900 sq ft bUilding for a mixed use development including retail, office, and art museum space Approval of the project was based on an Intent to revitalize the northern portion of Main Street by providing a variety of neIghborhood commercial, cultural, office and resIdential uses on a large parcel of land that had been occupied by an egg processIng plant The approval was also based on the belIef that museum patrons would be the primary users of the restaurant and retall shops The continued commercial use of the resldentlally- zoned land (currently zoned OP-2), was permItted because the property had been 3 hlstoncally used for commercial purposes since at least 1908, and very specific conditions were adopted to protect the adjacent residential neighborhood The site IS unique on Main Street, due to the proximIty of the commercial uses to the surrounding reSidential uses The rear half of the site abuts reSidential uses on both side property hnes, and directly fronts residential uses on Second Street. a residential dlstnct The onglnal approvals allowed speCific commercIal uses (restaurant, museum, retail and office) to be located on the residential portion of the site through the approval of a Cond,t,onal Use PermIt At the time the project was approved, commercial uses could extend Into residential dlstncts With a Conditional Use Permit In order to limit the Impact the commercial uses had on surrounding reSidential uses, numerous conditions were Imposed on the development, Including the requirement that certain changes In uses reqUired Planning CommiSSion approval In order to assess the Impact on the reSIdential uses In 1988 the Zomng Ordtnance was changed and commerCIal uses could not longer extend Into residential dlstncts The commercial use of the residential portion of the site at Edgemar became non-conforming As a non-conforming use, the eXIsting commercial uses could not be changed, unless they changed Into permitted residential uses No eXIsting commercial use, such as the restaurant, could be expanded, and all commercial use of the residential portion of the Site had to revert to residential In the year 2020 4 In order to allow the museum to change Into a theater, the restaurant to expand the number of seats, and the commercial uses to eXist beyond 2020, the applIcants have requested to re-zone the reSidential portion of the site to commercial zOning The following outlines the approvals requested for the revised project 1. TEXT AMENDMENT 96-003 (rezoning from OP-2 to CM-2) AND GENERAL PLAN AMENDMENT 96-001 (land use map change from medium density residential to service and specialty commercial) Currently, the portion of the Edgemar property with frontage on Second Street to a depth of 100 feet from Second Street, IS zoned OP-2 and designated on the General Plan Land Use Map as medium densIty reSidential The Conditional Use Permit (CUP) approved for the development In 1985 authorized commercIal use of thIS reSidentially zoned property unt,l 2020 If these amendments are not approved, thIS portion of the Edgemar Development must revert to reSidentIal use In 2020 Additionally, If the zone change and General Plan Map amendment are not approved, the proposed theater and restaurant expansion cannot be approved since these uses are located on the reSidentially zoned portIon of the site and are conSidered legal non- conforming uses Zoning Ordinance Section 9 04 18 030 defines legal non-conforming uses as establishments that la\lVfully eXisted on the effective date of the ordinance (September, 1988), but which are currently neither permitted nor conditionally permitted In the subject district Nonconforming uses are not permItted to Intensify, expand, or 5 change except to a conforming use Intensification Includes extended operating hours or, for a restaurant, a change In number of seats or service area The eXisting museum space is located almost entirely In the OP-2 dlstnct Therefore, If the nonconfonTlIng museum use IS changed, the new use must comply with the use regulations of the OP-2 reSidential district The proposed restaurant expansion IS subject to the same limitation because the restaurant IS also located In the OP-2 District and the requested seating expansIon would be considered an intenSification of the nonconforming use Therefore, the theater use and the restaurant expansIon cannot occur without the CounCil first approving the zone change and General Plan Map Amendment 2. DEVELOPMENT REVIEW 96~001 (Amendment of existing conditions of approval and change of project uses) A Development ReView Permit was Originally approved for the Edgemar Development In 1985 to allow a mixed-use development including retail, office, residential, and art museum space This permit requires that any changes In the uses on the property be reviewed by the Planmng Commission through a public hearing process Therefore, the applicant has requested a Development ReView Permit to permit a change In use on the property from museum to live performance theater With a maximum of two artist studiOS In addition, the applicant IS asking to modify a number of the original conditIons of approval related to operation of uses on the Site, as a well as the condition reqUiring Planning Commission review offuture change of uses on the site If approved, thiS Development ReView Permit 6 will modify the eXisting conditions of approval for the sIte 3. Conditional Use Permit 96-011 (Restaurant seating expansion) This permit would amend conditions of approval contained In the eXisting CUP for the restaurant which limit the number of restaurant seats to 75 The proposed CUP would allow a total of 101 seats (87 seats Indoors, and 14 seats outdoors) at Rockenwagner restaurant. Alcohol service In the outdoor seating area would also be permitted The outdoor seating location would be limited to the landing area Just north of the restaurant entry so as to not encroach Into common outdoor area used by customers and the public Seating would be enclosed by a guardrail, and left otherwise unenclosed (no plastic or other surrounding enclosure materials would be permitted) so as to retain the openness and ambience of the rest of the courtyard (See attached Planning CommiSSion Staff Reports and minutes) 4. Conditional Use Permit 97-004 (For the live performance theater) Theaters In the eM dlstrrct which have more than 75 seats require a ConditIonal Use Permit The proposed live theater complex would have a total of 164 seats 7 5. Variance 96-001 (To permit valet operated tandem parking) The 1985 Variance required 100 spaces, and 102 were provided The change In use from museum to theater, the addItIon of artist studiOS, and the restaurant seating expansion requires 47 parking spaces In accordance With the City's parking standards SInce the museum currently requires 26 parking spaces, and Edgemar currently provides 2 more spaces than required under the original project approvals, an additIonal 19 spaces are required for the new uses The applicant has submitted a shared parking analySIS to demonstrate that the required parking can be accommodated on the project site by adding 19 parking spaces through a stack tandem parking arrangement The parking study conSIdered parking counts on weekdays and weekends to determine maximum usage for the eXIsting mix of uses on the Site, and to predict what additional parking needs would be reqUired to accommodate the expanded restaurant, new theaters and artist studiOS The study also took Into account the fluctuation In parking demands based on the different uses on the property (e g , office, commercial, retail), and the dlffenng hours of operation For example, the theater would be operating dunng hours when offIces are closed In addition, the conditions approved by the Planning CommIssion reqUire City review of the valet parking management plan, which Includes hours of operation, queuing of vehicles, limits on parking hours, and prohibits valet parkers from uSing Second Street as part of their parking route 6. Text Amendment 97-004 (eM District seating limitation) In the CM Dlstnct north of Ocean Park Boulevard, restaurant seats on the east Side of the 8 street, are currently limited to 75 seats per restaurant The applicant filed Text Amendment 97-004 to amend SMMC 9 04 0828070 to allow more than 75 seats In this portion of the CM dlstnct with a Conditional Use Permit In order to facIlitate the proposed restaurant expansion from 75 to 101 seats PlANNING COMMISSION REVIEW The Planning CommISSion Initially conSidered thiS project at the Apnl 16, 1997 Commission meeting At that time, following extensive public testimony, the Planmng Commission requested that staff provide additional background Information and continued the heanng until May 28, 1997 Pnor to thiS hearing, the applicant flied an additional Text Amendment to remove the 75-seat limItation for restaurants 10 the CM-2 Dlstnct Public testImony on thiS request was heard on May 28th, prior to the Planning Commission's deliberations on all the approvals requested Concerns Identified at the hearing focused on the following Issues Theater Second Street neighbors VOiced concerns regarding nOise which could result from the live theater, Including amplified musIc used dunng performances, Increased traffic congestion and nOise, which they Identified as an on-going problem, speCifically valet parkers uSing Second Street as part of their route to overflow parking areas, nOise from set-builders potentially working on the loading dock, 9 nOise from people gatherrng In the courtyard before and after performances, Inadequate provIsion of parking and that the City's parking reqUirements do not accurately reflect the number of vehicles generated by the theater use, and Intensification of activity on the site, which was Inappropnate for the resldentlally- zoned property Artist StudioS Artist studio Issues Included concerns regarding the request for retail sales up to three days per year, modifications to the Second Street building facade to allow for windows and doorways, allowing residents to use the eXlstrng Second Street emergency eXit to access the parking area, Increased parking that might occur on Second Street, and nOise and odors which might result from artists' work Increase In Restaurant Seats/Outdoor Alcohol Sales NeIghborhood Issues with the restaurant Included a history of violations of eXisting conditIons of approval, nOise from continuous restaurant activity Including food preparation and restaurant clean-up, constant use of the Second Street loading dock, odors from cooking and trash, and nOise from patrons eating outSide and talking In the courtyard and surface parking lot 10 General Plan Amendment and Zone Change Neighbors expressed concern that the change In land use and zonrng from reSidential to commercial would reduce the supply of reSidentially-zoned land 10 the City and would open the door to commercial development ReSidents were concerned that the zone change would allow bars, additional theaters. restaurants with alcohol licenses, and retail stores with alcohol sales Plannlna Commission Action In reviewing the project and neighborhood concerns, the Plannrng Commission made the following determinations with regard to each proposed use and permit request Theater/Artist Studios/Zone Change/General Plan Map Amendment (DR 96-001. CUP 97-001 ) - - The Commission felt that the zone change was appropnate to allow contInued commercial use of the property Given the hlstonc commercial use of the Site, the Commission did not beheve thiS rezomng would change the practical availabilIty of reSidentIally zoned land In the City Further, the zone change faCIlitates the continuation of eXisting neighborhood serving commercial uses on the Site, includIng general retaiL restaurant, and bookstore. The Commission was concerned With the long term Impact of thiS rezonmg on the adjacent Second Street reSidential neighborhood, but determined that the most effective way to address thiS Issue was to modify the CM Dlstrrct permitted uses and property development standards. To ensure neighborhood protection from potential Impacts, the CommissIon 11 approved the Development Review permit and supported the condition which allows future Planning Commission review of any significant changes In use Therefore, the Commission Initiated a Text Amendment to amend the eM District standards for properties with frontage on Second Street adjacent to a reSidential dlstnct The Commission felt that the theater would provide a valuable cultural activity whIch would be a community asset, that the conditIons of approval could be strengthened to address the Identified potential negative Impacts, and that the new use merrted approval To mitigate potential Impacts, conditions adopted by the Planning Commission Include a limitation that nOise levels on the portion of the site rezoned from OP-2 to CM-2 be subject to the same exterior nOise standard as any other residential use, a requirement that a secunty gate to be Installed to close off the parking lot dunng the early morning hours when the theater, restaurant, and other bUSinesses are not operating, a valet parking management program to be approved by the City WhiCh, among other things, reduces nOise Impacts by prohibiting the setting of car alarms and the use of Second Street as a valet parking route, a limitation on operating hours and number of seats when the theater space IS used for events other than performances (such as workshops and conferences), a limitation on cleaning crew work hours, a requirement that the theater operator request patrons to be senSitive of reSidential neighbor nOise concerns, limitations on the loading dock operating hours, and a requirement that set construction occur InSide the theater With the doors closed 12 The Commission felt that the artist studioS were a positive addition to the project In that they added a reSidential component to the mix of uses This use would also buffer the residences from the theater, and provide an appropriate transition from commercial Main Street to reSidentIal Second Street Therefore, the Commission voted 4-0 to recommend City Council approval of the Zone Change and General Plan Map amendment, and voted 4-0 to approve DR 96-001 and CUP 97-004 to allow the theater and artIst studio uses Parklnq Vanance (VAR 96-001) Based on the shared parking study, the Commission felt that the parking generated for the new uses could be accommodated on-site through the addition of valet operated tandem parking The Commission voted 4-0 to approve the parking vanance, and to address neighborhood concerns, the Commission Incorporated conditIons of approval Including a requirement for the Installation of a secunty gate to close off parking areas dunng the early morning hours and by prohibiting restaurant employees from parkIng on Second and Third Streets A valet parking management program condition was modified to reqUire that valet parkers do not set car alarms, that an on-site queuing area be established to accommodate vehicle drop-off, and that the valet parkers do not use Second Street as part of their designated route This plan IS subject to City review after the first SIX months to assess whether or not the plan meets the project's parking needs, and at that time, may return to the Planning CommissIon for a public hearrng, If determIned necessary 13 Text Amendment for Restaurant Seating (TA 97-004) In debating the amendment to allow restaurants with more than 75 seats on this block of the eM DIstrict, the Commission weighed the Impacts of the addItional seating request, and found that the Impacts would be negligible as the block's overall seating cap of 400 seats would not be Increased The Commission also felt that minor additIons to eXisting restaurant seating areas would not create significant Impacts, as long as the overall cap prevaIled for total number of restaurants and restaurant seating, the Commission voted 4 to 0 to recommend approval of the Text Amendment Restaurant Exoanslon (CUP 96-011) Overall, the Commission felt that Increasing the total number of seats from 75 to 101 did not create any Significant Impacts As proposed, the Inside seating does not generate an additional parking reqUirement as the restaurant seating area will not Increase, and the overall restaurant seating cap for thiS Main Street block will not exceed the 400 seat limitation The outdoor seats are limited In number, and located In a corner north of the restaurant entrance so as not to reduce useable outdoor public courtyard area At the same time, the CommiSSion added and strengthened restaurant conditions so that they were more neighborhood-sensItive, Including prohibitions on uSing Second Street for dellvenes or access and limiting the size and location of the outdoor dining area The CommiSSion voted 4 to 1 to approve the restaurant seating Increase 14 CM District Text Amendment To ensure compatibility between the commercial aspects of the project and the surrounding residential uses, the Commission directed staff to prepare a Text Amendment to the CM Dlstnct to establish additional use limitations as well as more restnctlve property development standards for CM zoned parcels with frontage on Second Street, which abut residentially zoned property The Commission directed staff to analyze bUilding design features, building Siting, bUilding matenals, floor area ratio (FAR), the location of pedestnan oriented uses, Side yard walls, pedestrian and vehicular access, landscaping and bUilding matenals, and loading dock locations The Planning Commission's recommendation to the CounCil on thiS text amendment WIll be considered separately from the permits related to the Edgemar development APPEALS Three separate appeals of the Planning Commission actions have been filed ThiS section of the report outlines the key Issues of each appeal Appeal by Lawrence & Harding for Edgemar Develooment (97APP-007) ThiS appeal IS specifiC to four conditions of approval (Please note that the appellant's requested modifications are shown In strikeout text for proposed language deletions, and bold and underlined text for proposed language additions) The appeal statement IS contained In Attachment A 15 One of the slgnrficant elements the applicant IS appealing relates to the project conditions limiting future change of uses and modifications to the project The project as onglnally conditioned In 1985, and as conditioned by the Planning CommissIon as part of the requested modIficatIons, requires Planning CommIssion review of future changes of use or slgnrficant project modIfications ThiS level of review IS necessary In order to assess the Impact of the project on adjacent resIdential uses as well as Main Street uses The apphcant IS objecting to these conditions of approval However, many of these conditions were part of the onglnal project approvals and continue to be appropnate conditions given the nature of the development project In order to approve the Development ReView permit, the Planning Commission, and City Council on appeal, must make specific findings One of the specific findings IS The phYSical location, Size, massmg, and placement of proposed structures on the site and the location of proposed uses Within the project are compatible With and relate harmoniously to surrounding site and neighborhoods Staff believes that thIS finding cannot affirmatively be made Without the Inclusion of the condItions approved by the Planmng Commission These conditions are critical to ensunng the project continues to be In conformance With the approved findings The following outlines the specific conditions and presents the original project conditions, the Planmng CommISSIOn conditions and the applicant's recommendatIon 16 1. Minor Project Amendments As originally approved In 1985, this condition reads as follows DR 253, CUP 370, ZA 481-Y, EIA 773, Condition #2 MInor amendments to the plans shall be subject to approval by the Director of Planning An increase of more than 300 sq ft or a significant change In the approved concept, shall 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 Restaurant seatmg may not exceed 75 seats, Including any patio seating areas specifically designated for restaurant seating The follOWing reflects the revised Planning Commission condition WIth reVISions requested by the applicant Minor amendments to the plans shall be subject to approval by the Director of Plannmg and Community Development An Increase of more than 300 sq ft or a Significant change In the approved concept, ;;...ch 0.<; 0. chang"" fiGm t:-,6 th6at6i ...<;6 to another use, shall be subject to Planning CommissIon review Construction shall be In conformance With the plans submitted or as modified by the Planning CommIssion, Architectural ReView Board or Director of Planning Restaurant seating may not exceed 101 seats, IncludIng any patio seating areas speCIfically deSignated for restaurant seating This condition does not preclude conversion of the approved theater to another use allowed by the Zoning Ordinance. The appellant claims that, as wnUen, this condition would result In a different standard for regulating future changes of use for this project than that used for other projects The appellant further argues that the record of proceedings for this project demonstrate that no commitments or conditions require the developer to accommodate community-serving 17 uses withIn the project beyond the first five years after the project's completion Lastly, the appellant claims that there IS no rational basIs for treating thIS project differently from any other commercial project Staff believes that the applicant's proposed modification would significantly alter the Original Intent of thiS condition, which was to ensure Planning Commission review of square footage additions to the development as well as changes to the key project uses Allowing any permitted use to occupy the proposed theater space Without public revIew would alter the character of the development and potentially create additional Impacts on adjacent reSidential uses ThIS project was ongmally approved on the basIs that It would provide a variety of neighborhood commercial, cultural, office and residential uses which would reVitalize the northern portIon of Main Street The anginal Edgemar project was granted a vanety of exemptions from the code, mcludlng a parking variance and the allowance for commercial use of reSidentially-zoned property. These uses are controlled through the Development Review permit (DR) approved for the project A Development Review permit allows the Planning Commission to review the location, Size, massing, placement and uses of structures on the Site, and allows an evaluation of the project With regard to fixed and established standards ThiS review affords a public process to determine whether the proposed uses. siting and design are appropriate for the location The applicant IS seeking to aVOid future revIew of changes to the project by allOWing the theater use to change to another use WIthout a public review process In order to maintain an appropnate mIx of uses which prOVide both benefits and protectlons to the surroundIng 18 reSidentIal neighborhood, It IS essential to retain the standard condition that a substantial change In the approved concept requIres Planning Commission approval 2. Significant Change in the Approved Concept As originally approved In 1985 this condItion reads DR 253, CUP 370, ZA4831-Y, EIA 773 Condition # 19 Any Significant change In the approved concept, change In the proportion of the various uses or change In IntensIty of use from those uses approved as part of thiS Development ReView Permit (for example any change for the proposed museum space or denSity Increase to more than 75 seats for the restaurant) shall require Planning Commission review and that additional parking be proVided to meet MUniCipal Code reqUirements As approved by the Planning CommIssion thiS condItion feads DR 96-001, Condition #49 Any Significant change In the approved concept, change In the proportion of the vanous uses or change In Intensity of use from those uses approved as part of thiS Development ReView Permit (for example any change for the proposed theater space Of denSity Increase to mOfe than 101 seats for the restaurant) shall reqUire Planning Commission review and that additional parking be provided to meet Municipal Code reqUirements The appellant requests elimination of the onglnal condition and proposes the follOWing replacement condition For every change of use In the ProJect, the ApplIcant Will need to comply With Zoning Ordmance Section 9 04 1008 030(e)(1) If Section 904 1008 030(e)(1) IS amended In the future to regulate changes of use differently, then nothing In thIS condItion lImits the City's authonty to require future changes of use m the Project to comply With 19 Section 9041008 030(e)(1) As It reads at the time of the proposed change In use The appellant claims that the property owner IS entitled to know what standards will apply to the project as vacancies occur, and that these standards must be clear In order for the property owner to know which tenants to target when marketing vacant space for future leaseholders. Therefore, the appellant IS requesting that any new commercIal use be permitted as long as parking IS prOVided to meet mUnicipal code requirements ThiS approach would require new businesses to prOVide adequate parking for the new uses proposed and allow tenant lease spaces which have been vacant for more than twelve months to be grandpa rented with regard to parking reqUirements so long as the new use does not requIre a parking standard which IS more Intense than 1 space per three hundred square feet Since one parking variance has been granted for thiS project, and another IS proposed as part of thiS appeal, staff cannot support the allowance of grandparented parking rights for future commercial uses Both parking variances are based on a speCific mix of uses and both are supported by a shared parkIng analysIs Staff cannot predict If a change to the future mix of uses and hours of operation Will Impact parking availability Therefore It would not be appropriate to grandparent parking for a project which IS already subject to conditions of several discretionary approvals without further discretionary review 20 3. Condition No. 57 (STOA Condition: CUP 96-011 Restaurant Condition 39.) The Planning Commission recommended the addition of the following condition "Restaurant employees shall not park on Second Street or Third Street" The appellant proposes the following language "The Restaurant shall Instruct Its employees not to park on Second Street or Third Street, this prohibition shall be printed In the Restaurant's employee manual" Staff proposes that the condition be amended as follows (bold and underlined text is new language) Restaurant employees shall not park on Second Street or Third Street This prohibition shall be printed in the Restaurant's employee manual. Staff believes this language IS more precIse and Will be a more effectIve mechanism to ensure enforcement of the no parking provIsion Analvsis of Ocean Park Community Advocates Appeal (97 APP-008) Ocean Park Community Advocates have appealed all aspects of the Planning Commission approval The appellant IS challenging the approvals on five grounds The appeal statement IS contained In Attachment B and the five grounds are summarized below 1 No Environmental Impact Report has been done. The appellant has prOVided additional information on thiS Issue contained In a supplementary letter dated June 24, 1997 (Attachment B) These concerns are as follows 21 · The Planning Commission did not support the staff recommendation and voted to remove the 75 seat restaurant limitation, therefore, this Impact has not been analyzed Although the Commission supported the request for 101 seats at Rockenwagner restaurant, staff believes this Increase In the context of the CalIfornia EnvIronmental Quality Act (CEQA) IS a negligible expansion of use beyond that previously eXisting and, therefore, IS categoncally exempt pursuant to Class 1 of the State GUidelines ThIs CEQA exemption allows for additions to eXisting structures provided such additIon does not exceed 2500 square feet The outdoor seats will occupy an additional 177 square feet of floor area Even when combined with the additional square footage proposed for the theater (1277 sq ft), artist studioS (572 sq ft ), and new lobby area (25 sq ft) the total additional square footage would be 1874 sq ft Although the proposed ordinance amendment would remove the 75 seat limitation for restaurants on the east side of Main Street north of Ocean Park Boulevard, the overall seating cap for the block will remaIn at 400, thiS number IS not proposed to be changed In addItion, there are no modifications proposed to Increase the maximum permitted floor area In the district Therefore, Planning staff does not believe that thiS amendment will Increase the area's development Intensity or Intensity of uses ThiS text amendment IS categoncally exempt from CEQA pursuant to Class 5 of the State GUidelines, which permIts minor land use limitation modIficatIons provided there are no changes In land use or denSity · The appellant contends that the City did not address the potential use of Lot 11 for overflow parking from Edgemar 22 Based on the shared use parking analysIs submitted by the applicant, the CommissIon determined that adequate parking could be prov,ded on-site for the new uses If a valet operated stack parking system IS utIlized ThIs analysIs, and the Planmng Commlss,on deCISIon, did not rely on parking avaJlable In Lot 11 on Main Street In additIOn, to ensure an effective valet parking operation and to minimize the Influx of commercial parking Into the adjacent reSidential neighborhood, the Commission adopted a condition reqUiring a valet parking and management plan (Vanance Condition 7) ProvIsions Included In thiS plan require valet parking to be proVided after 7 00 p m dally and any time the theater IS In operation, provide for an on-site vehicle queUing area, prohibit the valet service from uSIng Second Street as part of Its designated route, and allow the Planmng Director to determine, after the theater has been In operation for SIX months, If the operation adequately addresses Edgemar parking needs If the parking plan IS found to be Inadequate, It must be revised to the Planning Director's satisfaction or return to the Planning Commission for review through the publIc hearing process Planning staff believes thiS condition addresses concerns regarding the avallabr/lty of parking for Edgemar patrons · The retail complex north of Edgemar WIll Impact area parkIng and the avar/abllrty of parking In Lot II The retail complex north of Edgemar IS a legal non-conforming use With grandparented parking rights ThiS Situation eXIsts In many areas of the City However, the Zoning Ordinance does not require an adjacent development that IS separately owned and 23 operated to provide additional parking to compensate for the older structure's lack of parking Lot 11 IS a public parking facility used for overflow parking from all nearby Main Street businesses The avallabllrty of parking In thiS publIc lot should not be a factor In a decISion to allow a change of use at Edgemar Addltlonally, the Edgemar apphcant provided sufficient Information for the Planning Commission to determine that the parking for the proposed mix of uses could be provIded on-site · The Code reqUIrement of one parking space per 4 theater seats IS artifiCially low, and that an EIR should be reqUired so that more realistiC parking numbers are used The ZOning Ordinance parkIng standards were derived through commonly accepted general parking principles and were evaluated for potential environmental Impacts at the time they were adopted Therefore, projects that meet the Code parking reqUIrements or demonstrate compliance WIth these requirements based upon mechanisms such as a shared parking analYSIS and a valet operated parking plan, are not subject to additional environmental review · The project reduces the amount of reSidentially-zoned land In the city The appellant's statement refers to the Issue that the frontage along Second Street IS currently zoned OP-2 ThIS portion of the sIte Includes the museum and restaurant, as well as some office and retail uses, all of which currently do not conform With today's land use and zoning requirements Changing the use from museum to theater would constitute an 24 intensification of an eXisting, non-conformmg use, and therefore IS not permItted unless the zoning IS changed Therefore, as previously discussed, a zone change from OP-2 to CM-2 has been requested to permIt a theater use In the space occupIed by the museum Although the Second Street Edgemar frontage IS residentially zoned, this property has been In commercial use since at least 1908 Based on the hlstonc use of the property, staff does not believe the rezoning Impacts the effective availability of residential land Furthermore, the CM Dlstrrct zoning deSignation would continue to allow the development of reSidential uses on the property · An EIR would more clearly Identify and establish the credibility of Impacts associated With the development and prevent the applicant from requesting modification to the conditions of approval As prevIously discussed, staff beheves the project as proposed IS categoncally exempt from CEQA However, since the project reqUIres discretionary approvals, the Planning Commission, and the City Council on appeal, must adopt findings regarding compatibility With the district and surrounding uses, placement of the proposed uses on the Site, and find that the uses are not detnmental or would not Impair the character of the surrounding dlstnct Planning staff belIeves that, With the conditions as adopted by the CommissIon relating to nOise mitigation, operating hours, Second Street access, parking, and requIring Development ReView for changes to the mix of project uses, these f,ndmgs can be made ThiS IS staff's determination, the City Council on appeal, could disagree With staff and direct the preparation of additional environmental review 25 · It IS a contradiction that Intensification of the project's uses reqUIres a zone change but not an EIR The standards for environmental review and the need for a zone change are not linked as the appellant suggests In the case of the zone change, the applicant IS seeking to change the zOning from OP-2 (resIdential) to CM-2 (commercial), since without the zone change, none of the present uses may be changed or expanded The Zonrng Ordinance non- conforming use regulations do not allow any eXisting non-conforming use on the site to be expanded or intenSifIed As the ZOning Ordinance does not allow non-conforming uses to be changed or expanded, the conversion from museum to theater and the restaurant expansion could not be approved Without the zone change CEQA IS reqUired when a dIscretIonary action may cause an environmental Impact Categoncal exemptions from CEQA apply to projects that generally will not have a Significant effect on the environment In thiS case, the Planning CommiSSion found that the Impacts created by the proposed change In uses are categorically exempt from CEQA In that the changes will not create environmental Impacts due to the fact that parking IS prOVided on-Site, nOIse Issues have been addressed through speCific conditions of approval, and the actual square footage being added to the structure to accommodate the change In use IS negligible Furthermore, although a zone change IS proposed for the reSidentially-zoned portIon of the Site, thIS parcel has hlstoncally been used for commercIal purposes Therefore, the zone change, under CEQA, IS conSidered a minor land use limitation modification that does not change the eXisting use or denSity on the sIte 26 2. Removes residentially.zoned land. The potential damage of the zone change has not been addressed There are currently two zoning designations on this site The parcells zoned CM-2 on the Main Street portion of the Site to a depth of 100 feet On the Second Street portion of the site, the property IS zoned reSidential (OP-2) to a depth of 100 feet The museum, restaurant, and office uses which eXist on the Second Street frontage are therefore currently non-conformlng as they are commercial, and not residential uses As these uses are non-conforming, they are not permitted to expand or intensify, therefore precluding the change In use from museum to theater, as well as the restaurant seating expansion The change In zoning was recommended by the Planning Commission because the reSidentially-zoned land has been historically used for commercial purposes since approximately 1908 The City has no records that residential uses have ever eXIsted on this portion of the property In recommending approval of the zone change and General Plan Map amendment, the Planning Commission determmed that these modificatIOns were appropriate since the histOriC commercial use of the site would not be altered In addition, the conditIons of approval for the project reqUire that future modifications to the mix of project uses be reviewed through a Development ReView Permit to ensure compatibility With surroundmg neighborhood uses and that the mix of project uses IS consistent With the development's community-serving character as established by the onglnal Development ReView Permit 27 for the sIte Finally, although the Commission recommended approval of the change to commercial zOning and to the land use deSignation, the CommiSSion has recommended further mechanisms to protect the Second Street reSidential neighborhood through recommended modifications to development standards and permitted uses for CM Dlstnct parcels With Second Street frontage As previously stated and descnbed, these recommended amendments are the subject of a separate action before the City Council 3. Violates previous agreements with the developer, the neighbors, and the City. This concern relates to modifications to conditions of approval which are Viewed by neighbors as a reduction In neighborhood-protective measures originally Imposed on the project The onglnal Conditional Use Permit granted In 1990 for the restaurant regulated the restaurant operation, restncted restaurant dellvenes and customer access to Main Street, provided that If the museum space ceased to be used as a museum, trash pick up from Second Street would be prohibited, and perrTIltted the use of the Second Street gates from the parking area only as emergency eXits As approved by the Planning CommIssion, restaurant CUP 96-011 Conditions 29, 34, 35, 36, 37, and 38 continue to prohIbit trash pick up and restaurant dellvenes from Second Street and restrict the restaurant's use of the Second Street gates to emergency eXiting only The Planning Commission, In weighing the benefits for the theater use against the potential negative effects on the neighborhood, approved the use With additional conditions to address neighborhood concerns The Commission felt that allOWing the artIst 28 studiO residents to utilize the Second Street emergency eXits through a keyed access system suffiCiently protected the neighborhood from excessive and unauthorrzed use of these gates As previously discussed, the Commission strengthened conditions prohibiting restaurant use of Second Street and, In addition, Imposed loading dock operating hours restrrctlons to minimize Impact of thiS eXisting project component on the neighborhood 4. Violates the Main Street Plan. ThiS Issue Involves the removal of the 75 restaurant seat lImItation in the CM-2 District, and the removal of reSidentially-zoned land through the rezomng from a reSidential (OP-2) to commercial (CM-2) use for the theater The Main Street Plan IS a policy document which does not have the force of a Specific Plan or General Plan, the Plan IS a statement of City pohcy The Plan does Include a poliCY regarding limIting the number of restaurant seats to 75 for those restaurants In the CM-2 District north of Ocean Park Boulevard ThIS 75-seat cap was denved through an extensive community review process, and was later codified per the Plan's recommendations as part of the CM Dlstnct standards The Planning Commission, through the public heanng process for thIS project, has recommended that thiS cap be removed In making thiS deCISion, the Planning Commission found that the removal of the seating cap was consistent With the overall General Plan objectives In that, per Land Use Element Policy 1 67, commercial uses on Main Street are encouraged so long as they proVide leisure tIme opportunities for surrounding reSidents and area VISItors The 29 Increased seating would be consistent with this Polley and would complement other commercial activIties both on-site, and In the surrounding area With regard to removing the resldentlally~zoned land, the Main Street Plan contained a Policy to prohibit conversion of residential land Into commerCial zOning Although general City policy discourages the conversion of reSidential land for commercial uses, staff belIeves this case IS unique because the Edgemar site has been used for commercial purposes Since at least 1908, and the zone change does not Involve the removal of eXisting reSIdential Units Should the property be re-zoned from OP-2 to CM-2, allowable uses would Include residential Units and neighborhood-serving businesses Furthermore, If the proposed Planning CommIsSiOn-Initiated amendments to the CM-2 District are approved, the uses for CM Dlstnct parcels With Second Street frontage would be further restncted to those which are compatible With the residential neighborhood 5. Insufficient protection of the neighborhood from the impacts of this project. In approving the proposed project, staff feels that the Plannrng Commission addressed neighborhood Impact Issues by Imposing very thoughtful and comprehensive condItions In particular, the Commission felt that changes to the mix of project uses should be reviewed by the Commission through a public heanng to ensure new uses do not adversely Impact the neighborhood As prevIously discussed, the applicant has appealed thiS condition Other conditions the Commission adopted Include parking conditions which address neighborhood nmse and traffiC Issues such as a requtrement for the Installation 30 of a securrty gate to close off parking areas durrng the early morning hours, and by prohibiting restaurant employees from parking on Second and Third Streets, valet parking management program condition to reqUire that valet parkers do not set car alarms, that an on-site queUing area be established to accommodate vehicle drop-off, and that the valet parkers do not use Second Street as part of their designated route With regard to the artist studiOS, the Planning Commission again considered nOise Issues by limiting the use and storage of tOXIC, hazardous, or nOIsy equipment (such as weldIng equipment or torches), and plaCing a 45 dba cap on nOise levels Although neighbors were concerned about allOWing access to the artIst studioS on Second Street, which IS currently limited to emergency eXiting, the Commission felt that the reSidents should be allowed Second Street access through a limited keyed entry system ThiS deCISion was based on the CommIssion's belief that the reSidential component was a lOW-intensity, nelghborhood-compatlble use, and that the reSidents should have a right to easy access to their Units Based on the deSign options available, reSidents would otherwise be required to walk around the block to access their cars In the parkIng garage If entry was not permitted through the Second Street gates A special nOise condition was added to reduce courtyard conversation and ambIent nOise for surrounding reSidences that requires the property owner to retain an acoustical engineer to test nOIse levels and suggest ways to reduce nOise Impacts resulting from sound bounCing off walls and escaping through the separatIon between bUildings Other 31 nOise Issues were addressed by limiting nOise levels for uses fronting Second Street to the same allowable nOise level as the surrounding OP-2 zone, by limIting outdoor entertainment In the common courtyard to eight days per year (subject to Individual revIew of each event through a Temporary Use Permit), by limitIng workshops and events In the theater to the maximum number of seats approved for each theater, by Irmltlng the uses and hours of the loading dock and restaurant operations, by requIring that set construction occur Indoors With the doors closed to the outside Appeal by Hans Rockenwagner (97 APP-009) Mr Rockenwagner appealed specifIc condItions of approval relating to the restaurant operation (CUP 96-011) as follows (Attachment C) 1. Condition to restrict use of transparent weather curtain in outdoor dining area. The argument that the curtains create a barrier between the restaurant and the rest of the project is unfounded. The transparent curtains provide necessary protection against wind and rain for my customers. They may be utilized in the evening when patrons are seated outdoors. On certain evenings, they may not be utilized at all. Otherwise, during the day, they are rolled up and out of sight. In approving the outdoor seating, the Plannrng Commission discussed a need for a barrier (an Alcohol and Beverage Control (ABC) requirement) between the seatmg area and the top of the stairs which lead up to the restaurant ThiS condition was Imposed for the safety of the patrons, as well as to comply With ABC requirements In addition, when the Commission revIewed the Statement of OffiCial ActIon (STOA) for the approvals on July 16, 1997, Staff was directed to convey to the Council that the Intent of the CommIssIon was 32 to eliminate the clear plastic weather curtain entirely, and to limit the outdoor seating area to that area Just north of the restaurant entry door The Commission felt that the plastic curtain created a barrier In an otherwise public courtyard and that, If the weather could not accommodate outdoor dining, all dining should occur inside the restaurant Per the CommiSSion's direction, Staff recommends that the Council modIfy the eXisting applicable condition as follows (New text bold and underlined) Conditional Use Permit 96-011 (Restaurant), Condition No 19 Seating arrangements for sit-down patrons shall not exceed 101 seats (87 seats Indoor, 14 seats outdoor). and the seatin~ area shall be limited to the landina directlv north of the restaurant entry - - door The existing plastic curtain shall be removed. and no new replacement enclosure shall be installed. A guardrail shall be Installed along the area between the top of the stairs and the outdoor restaurant seats, which shall be subject to review and approval by the Planning and Community Development Director 2. Condition to limit outdoor seating to the north side of the restaurant door. While I understand the overall purpose of limiting outdoor seating) the geographic area I am restricted to is nonsensical. I would like to extend the outdoor seating to all areas immediately outside the restaurant (see diagram in Appeal Letter - Attachment C.) The restriction would continue to disallow any seating in the patio downstairs from the restaurant. The Commission approved the seating location (the north SIde of the restaurant entry) based on the location shown on plans submitted The approval was restrrcted to thiS location as the courtyard areas are Intended to serve as common space areas which may be utilized by the general publiC and all VISitors to the Edgemar site and also to minimize the Impact of restaurant nOise on adjacent neighbors The Commission felt that by limiting the locatIon to thiS small area, and by adding a railing, the outdoor restaurant seating 33 would be contained and would not create sound Impacts or overwhelm and minimize useable open courtyard areas 3. Condition to require Rockenwagner restaurant to control "any excessive noise." (Condition 58 - Staff Report, May 28, 1997). Given the additional conditions put on the project as a whole, I believe, this condition is no longer necessary. In addition, with the impending installation of theater, this condition is not enforceable by the restaurant alone. This condition was proposed by the applicant as part of the application request As adopted by the CommIssion, It IS Condition 40 of CUP 96-011, and reads as follows The restaurant operation shall at all times be conducted In a manner not detrimental to surroundmg properties or residences by reasons of lights, nOise, activItIes, parking, or other actlons Failure by the restaurant operator to control any excessive nOise by restaurant patrons may be grounds for the revocation of the CondItional Use Permit" ThiS condition 's appropriate and necessary as a protectIve measure for residents who testified that current restaurant operations are In VIolation of present conditions of approval and continue to occur durmg the late night and early morning hours. These actiVities Include food preparation resulting In nOise and odors, patrons leaVing the restaurant and retnevlng vehicles form the parking lot, restaurant delIVenes, and trash pick up, all of which were conSidered to be disturbing for the resldentral neIghborhood In addition, on Mondays through Thursdays, the restaurant would close at 12 00 a m (one hour later than the theater), on Fndays and Saturdays at 1 00 a m (two hours later than the theater), and on Sundays at 12 00 a m (one and one-half hours later than the theater) 34 Therefore, there will be time frames when restaurant patrons would be the only customers at the Edgemar complex, and the restaurant operator should be accountable for activities occurnng as a result of the restaurant operations In addition, In a separate report to Council, the Planning Commission IS also recommending a text amendment to provide for a better transition between the commercial and residential uses In situations where the commercial zOning encroaches Into the residential dlstnct If adopted, the types of commercIal uses allowed would be lImited and the more Intensive commercial uses would be allowed only With approval of a Conditional Use Permit, thereby reqUlnng dlscret,onary review of the use to ensure compatibility With surrounding reSIdential uses and the neighborhood context Square footage and access limitations are also proposed for the commercIal uses to limit the Impact of these activities on the residential neighborhood AdditIOnally, proposed modifications to the CM Dlstnct development standards would ensure, In any future developments on the site, that additional landscaping and setbacks be provided, and that bUilding matenals selected be compatible With the neighborhood context CEQA As explained preVIously In this report, the project IS categoncally exempt from the proVISIons of CEQA pursuant to Class I {Section 15301 (e)) of the State GUIdelines In that the addItion to the eXisting structure would not result In more than 2,500 square feet of floor area, and that the change of use IS a minor alteration to the project InvolvIng limited 35 Interior and exterior modification to the eXisting structure, and Class 5 In that the zone change and General Plan land use designation amendment IS a minor land use limitation modification that does not change the eXisting use or density on the site PUBLIC NOTIFICATION Pursuant to Municipal Code Section 9 04 20 22 050 and Government Code SectIon 65091 notice of the August 12, 1997 CIty Council hearing was published In the Outlook and mailed to property owners as well as residential and commercial tenants located Within a 500 foot radiUS of the property at least ten consecutive calendar days prior to the hearing In addition, all members of the public who wrote to the City regarding thiS project were also notIfied BUDGET/FISCAL IMPACT The project would not result In any budget or fiscal Impacts to the City CONCLUSION Staff believes that the PlannIng Commission review of the project approvals has carefully considered balanCing the community benefIt of allOWing a zone change, live theater complex, restaurant expansion, and parking variance With the concerns raised by the neighbors to protect their quality of lIfe Based upon extensive Input from the publiC through a lengthy public hearing process, the Planning Commission has both strengthened eXisting conditions of approval, and added condItions to address potential Impacts from 36 new uses and/or Impacts whIch had not been sufficiently addressed In the past These Impacts Include nOise, parkIng, hours of operation, access, security, aesthetics, and use of the courtyard and open space areas RECOMMENDATION It IS recommended that the City Council · Adopt a ResolutIon to Amend the General Plan Land Use Map to Change the Land Use Designation for the Portion of the Property Currently Classified From Medium Density Residential to Service and Specialty Commercial, · Introduce for First Reading an Ordinance Amending the OffiCial City Dlstnctlng Map to Change the Portion of the Property Currently Zoned OP-2, Low Density Multi- Family Residential to CM-2, Main Street Commercial, and · Introduce for First Reading an Ordinance Amending Santa Monica Municipal Code SectIon 9 04 08 28 070 to Remove the 75-Seat LImItation for Restaurants Located In the eM Dlstnct on the East SIde of Main Street, North of Ocean Park Boulevard · Deny Appeals 97-007. 97-008, and 97-009, Thereby Upholding the PlannIng Commission Approval of Development Review 96-001 Amending EXisting CondItions of Approval and Permitting a Change In Use From Museum to Live Performance Theater With a Maximum of Two Artist StUdiOS, Conditional Use Permit 97 -004 AllOWing a Live PerfonTIance Theater Complex With 164 seats, Variance 96- 001 Permitting the New Uses With Valet Operated Tandem Parking, and Conditional Use PermIt 96-011 AllOWing Outdoor Restaurant Seating With Alcohol Sales and Increasing Restaurant Seats from 75 to 101 37 DEVELOPMENT REVIEW 96-001 (Amendment of eXisting conditions of approval and chan(le in use from museum space to live ~erformance theater space with a maximum of two artlst studios) FINDINGS: 1 The physical location, Size, massing, and placement of proposed structures on the sIte and the location of proposed uses within the project are compatible with and relate harmonrously to surrounding sites and neighborhoods, In that the project has been preViously developed and condItioned to be consistent with the scale, height, character and massing of the neighborhood and that the theater and artist studios as well as the new mezzanine and second floor office square footage will be accommodated within the shell of the eXisting structure The restaurant expansion from 75 seats to 101 seats will be compatible with the surrounding site and neighborhood In that parking for the additional seating can be accommodated on- site, the overall seating cap for the block In which the restaurant IS located will not exceed the current maximum of 400. and the project conditions have been amended to ensure that hours of operation and nOise levels will be restrrcted to ensure compatibility with the surrounding reSidential neighborhood However. the proposal to allow a range of uses to occupy the museum space IS not compatible with the surrounding neighborhood In that It eliminates the discretion to determine If changes to the mix of the project uses IS compatible with the development's communrty serving character Further, allowance of eight live entertainment events per year and up to three retail sales events per year In the artists studioS IS not compatible with the surroundmg neighborhood because such an approval eliminates the ability to review each event on an IndiVidual basIs to ensure adjacent reSidential uses are not negatively Impacted Such limited uses should be revIewed IndiVidually through a Temporary Use Permit 2 The nghts-of-way can accommodate autos and pedestnans, mcludlng parking and access, In that the site IS served by sIdewalks for pedestnans, 102 parkmg spaces are proVided on-Site, and 19 additional parkmg spaces will be proVided through a valet operated stack parking system for those peak hours which generate additional traffic dunng the times that both performance theaters will be In use 3 The health and safety services (police, fire, etc) and public Infrastructure (e g utilities) are suffiCient to accommodate the new development. In that the subject site IS located In an urbanized area adequately served by eXisting Infrastructure 4 The project IS generally consIstent with the MUnicipal Code and General Plan The General Plan and MuniCipal Code permit theaters, artist StudiOS, general retail, restaurant, and general office uses In commercially-zoned areas and with approval of the proposed General Plan Map amendment, amendment to the Official 38 Dlstrrctlng Map, and amendment to Zoning Ordinance SectIon 9 04 08 28 070, the project compiles with all applicable standards The proposed restaurant expansIon to 101 seats IS compatible wIth the surrounding site and neighborhood In that parkmg for the additional seating can be accommodated on-sIte and the overall seatIng cap for the block In whIch the restaurant IS located wIll not exceed the current maximum of 400 CONDITIONAL USE PERMIT 97-004 (For the Live Performance Theater) FINDINGS: 1 The proposed theater use IS one conditionally permitted wIthin the subject dlstrrct and complies with all of the applicable provIsions of the "City of Santa MOnica ComprehensIve Land Use and Zomng Ordinance", In that theaters contalmng more than 75 seats IS a permitted use In the CM-2 dlstnct with approval of a Conditional Use PermIt 2 The proposed theater use would not Impair the Integnty and character of the district In which It IS to be established or located The new theater Will replace the museum that has been established at this sIte for over 10 years, and this new combinatIon of theater and artIst studIO use would contnbute to the m,xed use environment envIsIoned for Main Street by adding residential unrts as well as a small scale communrty serving entertamment activity to the Edgemar development 3 The subject parcells physIcally sUitable for the type of land use being proposed, In that the theater would replace an eXisting museum space, would only Involve Intenor alterations and would provide a leisure-time use for both surrounding residents and tOUrists VISIting the Main Street area 4 The proposed use IS compatible With any of the land uses presently on the subject parcel If the present land uses are to remain, In that the theater replaces the museum use which IS Similar In nature as It IS deSigned to complement the neighbOring restaurant and retail uses Within the overall development 5 The proposed theater use would be compatIble With eXIsting and permIssible land uses Within the dlstnct and the general area In which the proposed use IS to be located, In that the theater use, like the museum It replaces. proVides a venue for leisure time actIVIties and complements the surrounding commercial and retail uses In the neighborhood The 164-seat limitation and conditions requrnng the performance start times to be staggered by a minimum of Y.2 hour Will not adversely Impact the surrounding neighborhood All parking Will be proVided on-site through a valet operated stack parking system 39 6 There are adequate provIsions for water, sanItation, and public utilities and services to ensure that the proposed use would not be detnmental to public health and safety, In that the site IS In a developed urban area where services are provided 7 Public access to the proposed use WIll be adequate, In that 102 on-Site parking spaces Will be provided and the site IS In close proXimity to City parkmg Lot 10A (at the northwest corner of Hili Street and NeIlson Way), Lot 11 (at the southeast corner of Hollister Avenue and Neilson Way, across from the project Site), and Lot 26 (at the southeast corner of Strand Street and Neilson Way) The Santa MOnica MUniCipal Bus Line also services Main Street 8 The phYSical location or placement of the use on the site IS compatible With and relates harmOniously to the surrounding neighborhood. In that the theater Will be located In the eXistIng space currently occupied by a museum Access to Second Street Will be limIted to loading dock use. emergency access, and artist studiO access, and conditions relating to mechanical eqUipment installation, hours of operation, and loadmg dock use Will control nOise at the site 9 The proposed use IS consistent With the goals. obJectives. and policies of the General Plan, In that Land Use Element Policy 1 67 encourages commercial uses on MaIn Street that provIde leIsure tIme opportunities for surroundIng residents and area VISitors and that the addItIon of theaters at the Edgemar site Will complement other commercial activities on-site and In the surrounding area while also providing a community servmg cultural use Within walkIng distance of the adjacent reSIdential neIghborhood 10 The 164-seat theater would not be detnmental to the pubhc Interest, health, safety, convenIence, or general welfare, m that the applicant must comply With the conditions of the approval Including Ilmltatrons on nOise, access to the site from Second Street, and live entertainment, which are mtended to minimiZe the affect of the use on adjacent resIdential neighbors 11 The proposed use conforms precisely to the applicable performance standards contamed In Subchapter 9 04 12 and special conditions outlined In Subchapter 9 04 14 of the CIty of Santa MOnica ComprehensIve Land Use and Zonmg Ordinance, In that thiS use does not require a performance standard permit, but IS reqUired to meet the conditions of thiS Conditional Use Permit 12 The proposed use Will not result In an over concentration of such uses In the Immediate VICInity, In that no other hve performance theaters eXist on Mam Street 40 VARIANCE 96-001 (To Permit Valet Operated Tandem Parking) FINDINGS: 1 There are special circumstances or exceptional characteristics applicable to the property Involved, mcludmg SIze, shape, topography, location, or surroundings, or to the Intended use or development of the property that do not apply to other properties In the VICInity under an Identical zoning claSsification, In that. In accordance with the parkmg study provided, the parkmg demands for the mix of retail, restaurant, office, and theater uses, as well as the fluctuation In the hours of operation for the theaters, WIll create a lesser parking demand than that which would ordlnarrly be reqUired If each use were to be reViewed IndivIdually In accordance With the City's parking requirements 2 The granting of such variance WIll not be detrimental or InJurious to the property or Improvements In the general VICInity and district In which the property IS located. In that the project would provide for valet operated stack parking at peak VISitor hours. and dUring theater operation, and therefore the on-site parking and available City parkmg lots Will be able to accommodate the parkmg needs for the various uses 3 The strrct application of the proVISIons of thiS Chapter would result In practical difficulties or unnecessary hardships, not Including economic diffIculties or economic hardships, In that although all reqUired parking spaces cannot be provided on-site Without a stack parking system, a parking study has been submitted which demonstrates that parking needs can be accommodated on site With a valet operated stack parking system 4 The granting of a variance Will not be contrary to or In conflict With the general purposes and Intent of thiS Chapter, or to the goals, objectives and pohcles of the General Plan, In that the Zomng Ordinance allows varrances to parking standards If certain findmgs can be made, and m that a parkIng study demonstrated that through the use of valet operated stack parkmg dunng peak hours, adequate parkmg eXists on-site to support the proposed uses 5 The vanance would not Impair the Integrrty and character of the dlstnct In which It IS to be located. In that the parking study has demonstrated that parkmg accommodatIons can be made on-site through valet operated parking and WIth the approval of a valet operation management plan 6 The subject site IS phYSically SUitable for the proposed vanance, In that It IS a previously developed parcel With an eXisting parking structure 7 There are adequate prOVIsions for water, sanrtatlon, and public utilities and services 41 to ensure that the proposed variance would not be detnmental to public health and safety, 10 that subject site has been previously developed and contains access to all relatIve Infrastructure necessary to accommodate the theaters and artist studiOS requested 8 There WIll be adequate provISIons for pUblIC access to serve the subject vanance proposal, In that the subject site IS adequately served by eXisting streets and alley 9 The strict application of the provISions of Chapter 10 of the City of Santa Monica ComprehenSive Land Use and Zoning Ordinance would result In unreasonable depnvatlon of the use or enjoyment of the property, In that the community serving live performance theater and artist's studiOS would not be pOSSible Without the allowance for valet operated parking that enables all reqUired parkmg to be prOVided on-site CONDITIONAL USE PERMIT 96-011 (Expansion of Restaurant) FINDINGS: 1 The proposed restaurant expansion IS a conditionally permitted use permitted In conjunctIon With the approved Development ReView permit (DR 96-001) Within the subject dlstnct and, subject to CIty CounCil approval of General Plan Amendment 96-001, Text Amendment 96-003 and Text Amendment 97-004, the use compiles With all of the applicable proVISions of the "City of Santa Monica ComprehenSive Land Use and Zonrng Ordinance" 2 The proposed use would not Impair the Integnty and character of the district In which It IS to be established or located The restaurant expansion from 75 seats to 101 seats WIll be compatIble With the surrounding site and neighborhood In that parking for the additional seating can be accommodated on-SIte, the overall seating cap for the block In which the restaurant IS located Will not exceed the current maximum of 400, and the project conditions restnct the hours of operation and nOise levels to ensure compatIbIlity with the surrounding reSidential neighborhood Furthermore, a General Plan and Zone Change amendment have been recommended to the CIty CounCIl to amend the OffiCial Dlstnctmg Map from OP-2 to CM-2 and to change the General Plan Land Use DeSignatIon from medIum denSity reSidential to service and speCialty commerCial ThiS amendment Will proVide consistency With Land Use Element Policy 1 1, which states that all development shall be consistent WIth the Land Use Map, In that the site zOning and land use deSignation Will be rendered consistent With the current and histOrical site development pattern 42 3 The subject parcells physically sUitable for the type of land use being proposed. In that the restaurant seating expansion Will not Involve the addItion of square footage, and parking can be accommodated on-site for the additIonal outdoor seatmg requested This use enhances leisure-time activities for both surroundmg residents and tounsts vIsiting the Main Street area 4 The proposed restaurant expansion IS compatible with any of the land uses presently on the subject parcel If the present land uses are to remain, In that the restaurant seating expansion IS minor In nature as It does not Involve the additIon of square footage. and the parking for the addItional outdoor seating can be accommodated on-site 5 The proposed use would be compatible with eXisting and permissIble land uses wIthin the dlstnct and the general area In which the proposed use IS to be located. In that the expanded restaurant with outdoor seating proVides a venue for leisure time activities and complements the surroundmg commercial and retail uses In the neighborhood 6 There are adequate prOVISIons for water, sanitation, and public utrlltles and services to ensure that the proposed restaurant expansion would not be detrimental to pubhc health and safety, In that the sIte IS In a developed urban area where services are provided 7 PublIC access to the proposed use Will be adequate, In that 102 on-site parking spaces Will be provided and the site IS In close proximity to City parking Lot 10A (at the northwest corner of HIli Street and NeIlson Way), Lot 11 (at the southeast corner of Hollister Avenue and Neilson Way, across from the project SIte), and Lot 26 (at the southeast corner of Strand Street and Neilson Way) The Santa MOnica MUniCipal Bus Lme also services MaIO Street 8 The physical location or placement of the use on the site IS compatible With and relates harmoniously to the surroundmg neighborhood, In that 12 of the 26 addlt,onal restaurant seats Will be located WIthin the ex,stlng establishment and that any Impacts assocIated With the 14 new outdoor seats WIll be mitigated through condItions of approval relating to nOIse (CondItIons #14, #40 and #45) 9 The proposed uses are consistent With the goals, obJectives, and poliCies of the General Plan, In that Land Use Element Policy 1 67 encourages commercial uses on Main Street that proVide leisure time opportunities for surroundmg reSidents and area VISitors Furthermore, the restaurant expansion at the Edgemar site Will complement other commercial actiVities on-site and In the surrounding area while also proVIding a community serving cultural use Within walking distance of the adjacent residential neighborhood 43 10 The proposed restaurant expansion from 75 to 101 seats would not be detrimental to the public Interest, health, safety, convenience, or general welfare, In that the applicant must comply With the conditions ofthe approval mcludlng limitations on nOise, access to the site from Second Street, and live entertaInment, which are Intended to minimiZe the effect of the use on adjacent reSIdential neighbors 11 The proposed restaurant expansion conform precIsely to the applicable performance standards contained In Subchapter 9 04 12 and special conditions outlined In Subchapter 904 14 of the CIty of Santa Monica Comprehensive Land Use and Zoning Ordinance, In that these uses do not reqUire a performance standard permIt, but are required to meet the condItions of thiS Conditional Use Permit 12 The proposed use Will not result In an over concentration of such uses in the Immediate VICInity, In that the proposed restaurant expansion Will not mcrease the number of restaurants on thiS block DEVELOPMENT REVIEW 96-001 (Amendment of existina conditions of aDDroval and - - - - change in use from museum space to live Derformance theater space with a maximum of two artist studios} CONDITIONS: Plans 1 ThiS approval IS for those plans dated Apnl 8, 1997, and revIsed on May 21, 1997, a copy of which shall be malntamed In the City Planning DIVISion files Project development shall be consistent With such plans, except as otherwise specified In these conditions of approval 2 The Plans shall comply With all other proVIsions of Chapter 1. Article IX of the MUniCIpal Code, (Zonmg Ordinance) and all other pertinent ordmances and General Plan poliCies of the City of Santa Monica 3 Prior to bUlldmg permit Issuance for the theater space, the final parking lot layout (Including the provIsion of tandem or stack parking spaces for valet parking) and specifications shall be approved by the Parking and TraffIC EngIneer 4 Minor amendments to the plans shall be subject to approval by the Director of Planning and Community Development An Increase of more than 300 sq ft or a Significant change In the approved concept, such as a change from the theater use to another use, shall be subject to Planning Commission review Construction shall be In conformance With the plans submitted or as modified by the Planning 44 CommiSSion, Architectural Review Board or Director of Planmng Restaurant seatmg may not exceed 101 seats (87 Indoor. and 14 outdoor), Including any patio seatmg areas specIfically designated for restaurant seating The locatIon of the 14 outdoor seats IS limited to the area designated as "Proposed Outdoor Dmlng Area" on the plans dated April 8, 1997, and revised on May 21, 1997 ArchItectural Review Board 5 Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requIrements With the BUIlding and Safety DIvISion and make any necessary changes In the project design to achieve compliance With such requirements The Architectural Review Board, In Its reView, shall pay particular attention to the aesthetic. landscaping, and setback Impacts of any ramps or other features necessitated by accessIbility reqUirements. 6 Plans for final deSign, landscaping, screening, trash enclosures, and slgnage shall be subject to revIew and approval by the Architectural ReView Board 7 The Architectural ReVIew Board, In Its reView, shall pay particular attention to the proJect's pedestrran onentatlon and amemtles, scale and articulation of deSign elements, exterror colors. textures and materials, wmdow treatment, glazmg, and landscaping 8 Landscaping plans shall comply With Subchapter 5B (Landscaping Standards) of the zoning ordmance Includmg use of water-conservmg landscaping materials, landscape maintenance and other standards contamed m the Subchapter 9 Refuse areas, storage areas and mechanical equipment shall screened In accordance With SMMC Section 9 04 10 02 130-9 04 10 02 150 Refuse areas shall be of a size adequate to meet on-site need, Includmg recyclmg The ArchItectural ReView Board In ItS revIew shall pay particular attention to the screening of such areas and eqUipment Any rooftop mechamcal equipment shall be minimized In he'ght and area. and shall be located m such a way as to mmlm,ze nOIse and visual Impacts to surrounding properties Unless otherwise approved by the Architectural ReView Board, rooftop mechanIcal equipment shall be located at least five feet from the edge of the roof Except for solar hot water heaters, no reSIdential water heaters shall be located on the roof 10 Construction period slgnage shall be subject to the approval of the ArchItectural ReView Board 11 As approprrate, the Architectural ReView Board shall require the use of anti-graffiti materials on surfaces likely to attract graffiti 45 Fees 12 The City IS contemplating the adoptron of a Transportation Management Plan which IS Intended to mitIgate traffic and air quahty Impacts resulting from both new and eXisting development The Plan will likely Include an ordinance establishing mitigation reqUIrements. including one-time payment of fees on certain types of new development, and annual fees to be paid by certain types of employers In the CIty ThiS ordinance may require that the owner of the proposed project pay such new development fees, and that employers within the project pay such new annual employer fees related to the City'S Transportation Management Plan Development applications shall not be subject to the potentIal new development fee If no ordinance implementing such fees has been adopted prior to Issuance of a bUilding permit for the project In addition, the applicant has agreed to institute the followmg Transportation Demand Management (TOM) measures, and shall submit a plan outllmng these measures to the Director of Planning and Community Development. A) Preferential parking shall be provided to persons arriving In vanpools and carpools B) Bicycle racks capable of securing at least seven (7) bicycles shall be malntamed on the project site C) Bus passes or tokens shall be made available by the apphcant at half price to employees who utilize public transportation to and from their place of work 13 A Park and Recreation FacIlities Tax of $20000 per unit shall be due and payable at the time of Issuance of a bulldmg permIt for the construction or placement of the residential unIts on the subject lot, per and subject to the provISions of Section 6 80 010 et seq of the Santa MOnica Municipal Code Construction 14 VehIcles hauling dirt or other construction debriS from the site shall cover any open load WIth a tarpaulm or other secure covering to mlntmlze dust emISSions. 15 A construction penod mitigation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management prior to Issuance of a bUilding permIt The approved mitigation plan shall be posted on the construction site for the duration of the project constructIon and shall be produced upon request As applicable, thiS plan shall 1) Specify the names, addresses, 4:6 telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect, 2) Descnbe how demolitIon of any eXIsting structures IS to be accomplIshed, 3) Indicate where any cranes are to be located for erection/constructIon, 4) Descnbe how much of the public street, alleyway, or sidewalk IS proposed to be used In conjunction With construction. 5) Set forth the extent and nature of any plle-dnvlng operations. 6) Descnbe the length and number of any tiebacks which must extend under the property of other persons, 7) SpecIfy the nature and extent of any dewatering and Its effect on any adjacent bUildings, 8) Describe anticipated construction-related truck routes, number of truck tnps, hours of hauling and parkmg location, 9) Specify the nature and extent of any helicopter hauling, 10) State whether any construction actIvity beyond normally permitted hours IS proposed, 11) Descnbe any proposed construction nOise mitigation measures, 12) Oescnbe constructlon-penod secunty measures including any fenCing, lighting, and secunty personnel, 13) PrOVide a drainage plan, 14) PrOVide a constructlon-penod parking plan which shall minimize use of public streets for parking, 15) List a deSignated on-site construction manager, 16) ProVide a construction materials recycling plan which seeks to maximize the reuse/recyclmg of construction waste, 17) ProVide a plan regardmg use of recycled and low- env,ronmental-Impact matenals In bUilding construct,on, 18) prOVide a construction penod water runoff control plan 16 Street trees shall be maintained, relocated or proVided as required m a manner consistent With the City's Tree Code (Ord 1242 CCS), per the speCifications of the Community and Cultural ServIces DIVISion and the Department of EnVironmental and Public Works Management No street tree shall be removed WIthout the approval of the Community and Cultural Services DIVISion 17 A sign shall be posted on the property In a manner consistent With the public heanng sign reqUirements which shall IdentIfy the address and phone number of the owner and/or applicant for the purposes of respondmg to questions and complaints dunng the construction penod Said sign shall also Indicate the hours of permissible construction work 18 The property owner shall Insure any graffiti on the Site IS promptly removed through compliance With the City's graffitI removal program 19 A copy of these conditions shall be posted In an eaSily VISible and accessible location at all times dUring construction at the project site The pages shall be laminated or otherwise protected to ensure durability of the copy EnVironmental MItigation 20 Ultra-low flow plumbing fixtures are required on all new development and 47 remodeling where plumbing IS to be added (Maximum 1 6 gallon tOilets and 1 0 gallon unnals and low flow shower head) 21 To mitigate solid waste Impacts, prror to Issuance of a Certificate of Occupancy, restaurant owner shall submit a recychng plan to the Department of Environmental and Public Works for Its approval The recycling plan shall Include 1) list of materials such as white paper, computer paper, metal cans. and glass to be recycled, 2) location of recycling bins, 3) deSignated recycling coordinator. 4) nature and extent of Internal and external pick-up service, 5) pick-up schedule Miscellaneous CondItions 22 The bUilding address shall be painted on the roof of the bUilding and shall measure four feet by eight feet (32 square feet) 23 The operation shall at all times be conducted In a manner not detrimental to surroundmg properties or reSidents by reason of lights, nOise, activities, parking or other actions 24 Street and/or alley lighting shall be provided on publIC nghts of way adjacent to the project If and as needed per the specifications and WIth the approval of the EnVironmental and Pubhc Works Management Department 25 Mechamcal equipment shall not be located on the Side of any bUlldmg which IS adjacent to a reSidential bUildIng on the adjOining Jot Roof locations may be used when the mechanIcal equipment IS Installed Within a soundrated parapet enclosure 26 Final approval of any mechanical equipment Installation Will reqUire a nOise test In compliance With SMMC section 4 12.040 EqUipment for the test shall be proVided by the owner or contractor and the test shall be conducted by the owner or contractor A copy of the nOise test results on mechanical equipment shall be submitted to the Community NOise offIcer for revIew to ensure that nOlse levels do not exceed maximum allowable levels for the applicable nOise zone 27 FInal bUilding plans submitted for approval of a bUilding permit shall Include on the plans a list of all permanent mechanical equipment to be placed outdoors and all permanent mechanical equipment to be placed Indoors which may be heard outdoors 28 No nOise generatmg compressors or other such equipment shall be placed adjacent to nelghbonng reSidential bUlldmgs 29 Open able Windows shall be proVided throughout the project, In a manner consIstent 48 with applicable bUilding code and energy conservation requirements 30 Street trees along Main Street and Second Street shall be maIntained, relocated or prOVided as reqUired In a manner conSistent with City's Tree Code (Ord 1242 CCS). per the speCifications of the Department of Community and Cultural Services and the Department of EnvIronmental and Pubhc Works Management No street tree shall be removed without the approval of the Department of Community and Cultural Services Parking 31 Parking lot IlIummatlon shall be proVided and maintained 32 A secunty gate shall be Installed to close off parking areas between the hours of 1 00 a m and 6 30 am, Monday through Friday and 2 00 a m and 8 00 a m on Saturdays and Sundays With the exception of New Year's Day when the parking area must be closed at 2 00 a m Plans for the gate shall be reviewed and approved by the Director of Planning and Community Development prior to bUilding permit Issuance for the theater and/or artist studiOS 33 Prior to bUilding permit Issuance for the theater, the apphcant shall submIt a plan to the Director of Plannmg and Community Development for review and approval of the valet parking and management program required for the theater, restaurant expanSion, and artist studiOS If the Director determmes that additional review IS reqUired, the plan shall return to the Planning CommissIon for a publrc heanng ThiS plan shall Include, but not be limited to, the follOWing A) Valet parkmg shall be proVided after 7 00 pm dally and anytime the theater space IS m operation for performances or workshops B) A sIgn shall be posted that valet parking IS available for patrons of the Edgemar complex after 7 00 P m C) A charge may be leVied for valet parkmg D) The valet service shall not park cars on the surface parking lot after 9 00 pm, WIth the exception of vans and vehicles for disabled patrons After 900 pm, eXlstmg parked cars may remain and the surface parking lot spaces shall be blocked to prevent parking of additional cars In a manner satIsfactory to the Director of Planning and Community Development E) The valet service shall not set car alarms 49 F) Valet servIce shall not Interrupt pedestnan flow in front of the project by blocking the Sidewalk G) The valet service shall not back vehicles down the street H) The valet WIll have an on-site queumg area that IS of suffiCient size to accommodate two waiting vehicles where customers Will drop off their cars. and a return area for returning vehicles one at a time off Main Street I) The valet operation and management plan shall establish a minimum number of valet attendants and supervisors to be proVided when the stack parkmg operation m use for the theater J) The valet service shall not utilize Second Street as part of Its designated route K) If, after the theater has been In operation for SIX months, the Director of Planmng and Community Development determmes that the valet parking operation and management plan does not adequately address Edgemar parking needs, the applrcant shall submit a revised plan for review and approval If the Director determmes that additional review IS reqUired the plan shall return to the Plannmg Commission for a public heanng Artist StudiO Conditions 34 The 2,293 sq ft space deSignated on the plans dated Apnl 8, 1997, and revised on May 21, 1997, as artist loft space may be converted to no more than two (2) Individual artist studiOS A loft or mezzamne may be added to such StudIOS, prOVided that such mezzanrne conforms With SMMC Section 9 04 02 030 485 Final plans shall be subject to review and approval by the Director of Planmng and Community Development 35 LIVing quarters for each artIst studIO shall not exceed fifty percent (50%) of the total stud 10 space 36 There shall be no use or storage of tOXIC chemicals or other Similarly hazardous materials In the artIst studiOS exclUSIve of pamt, paint matenals, and chemicals utilized In photographIc development 37 The use of torches or other welding equipment IS prohibited 38 Occupants of the artist studiO lofts shall not use nOise generating equipment which exceeds 45 dba as measured from any property hne abutting or adjacent to a 50 residential parcel 39 The eXisting emergency eXits shall remain In place only to eXit the property The emergency eXit alarm shall be disconnected A sign shall be posted at each emergency eXit door adVISing that said door IS for emergency eXit only Except for the loading dock and the artist studiOS entrance. all access pOints on Second Street shall be posted and limited to emergency eXiting only Notwithstanding thIS condition, the reSident artists may utilize the northernmost gate If a limited entry system IS Implemented, such as the "Biaxial" lock cylmder With restncted key duplication system ThiS keyed access system shall be reviewed and approved by the Director of Planning and Community Development pnor to bUIlding permit for the artist studiOS 40 One front entry door along Second Street shall be permitted for each of the two artist studiOS Windows shall also be permitted The entrances and Windows shall be subject to review and approval by the Architectural ReView Board If the floor area hereby approved for use as artist studiOS IS later converted to another non- residential use, then before operating such a new commercial use at thiS location of the project, the entrances and Windows hereby allowed on Second Street shall Immediately be removed and the openings sealed 41 Retail sales from the artist studiOS may be permitted a maximum three days per year. subject to the review and approval of a Temporary Use Permit Theater ConditIon 42 The nghts granted by the approval of DR 96-001 to allow the theater use cannot be exercised until the effective date ofthe City CouncIl's approval of Text Amendment 96-003 to amend the OffiCial Dlstnctlng Map from OP-2 to CM-2 and General Plan Amendment 96-001 to change the land use deSignation from medium denSity reSidential to service and speCialty commercial SpeCial Conditions 43 NOise levels for all uses located on that portion of the Edgemar parcel With frontage on Second Street and wlthm 100 feet of Second Street, which were zoned OP-2 pnor to any approvals for a zone change to CM-2, shall be subject to the exterior nOise standard established for residential uses as speCified In Santa Monica MUniCipal Code Chapter 4 12 44 The property owner shall Irrigate and maintain the landscapmg m the northeast planter box so that It IS healthy at all times 51 45 The property owner IS requIred to maintain the nOIse level of the fan on Second Street In accordance with CJty ordinances and not higher than the nOise level as measured on 8/12/88 46 The hedge along Second Street shall be maintained by the property owner With the exception for access and windows to the artist studios. the hedge shall be full and completely fill In the space between the wall and the Sidewalk 47 WIth the exception of the 14 permitted outdoor restaurant seats, the outdoor patio shall not be used for restaurant service of food, beverages, and/or alcoholic beverages, 48 Ground floor uses shall be limited to pedestnan onented uses as defined In SMMC Section 9 04 02 030 650 49 Any significant change In the approved concept, change In the proportIon of the vanous uses or change In IntenSity of use from those uses approved as part of thiS Development ReView Permit (for example any change for the proposed theater space or denSity Increase to more than 101 seats for the restaurant) shall reqUire Planning CommissIon review and that addItional parking be provided to meet MUniCipal Code requirements 50 The developer shall notify potential tenants of possible overflights and respectIve aircraft nOise, as required by the DIVISion of Aeronautics. Department of Transportation 51 At least one third of the ground floor retail lease space, exclUSive of the restaurant and theater shall be deSignated for leaSing to neighborhood commercial uses as defined In the Land Use Element 52 The Developer shall maintain the Second Street elevatIon Including the Second Street Sidewalk and walls and fences In a clean manner 53 The lessee of the ground floor retail space shall make an affirmative effort to give pnorrty to local residents In regard to hlnng The employment opportunities shall be made public to the neighborhood In advance of Los Angeles advertisement In a local newspaper With City-wide circulation, caples of announcements mailed to the Ocean Park Community Organlzatlon, the CIty'S Community NeIghborhood Services DIVISion and other local organizations as recommended by the City which are likely to be aware of Santa Monrca residents seeking employment 54 Outdoor entertainment In the common courtyard may be permitted up to eight days per year, subject to the review and approval of Temporary Use Permits for such activities 52 55 The above conditions shall be recorded as a covenant against the land brndmg upon any successor(s) m Interest, In a form approved by the City Attorney Said covenant shall replace and rescmd the Agreement Imposing Restrictions on Real Property recorded on November 28, 1988, as Instrument No 88-1894493 of Official Records of the Los Angeles County Recorder's Office 56 The City shall examine the feasibility of eliminating the recessed alcoves whIch currently eXist at the emergency eXits on the Second Street elevation, and shall direct their removal If feasible 57 The applicant shall raise the height of the eXlstmg north side property wall to the maximum extent legally allowed, Including applYing for a variance If desired and supported by the Immed,ate reSidentIal neighbors 58 Subject to review and approval by the Director of Planning and Community Development, the apphcant shall Install and malntam ample planting, such as ficus repens, alongsIde the base of the eXisting north Side property wall to the west of the elevated planter box 59 Pnor to bUilding permit Issuance for the theater, the applicant shall submit a sound mitigation plan prepared by an acoustical engineer that proVides measures to reduce nOise levels created by the Siting and distance between bUIldings that Impact Second Street reSidents and properties north of the site The plan, including mItigation measures for sound attenuation, shall be subject to review and approval by the Director of Plannmg and Commumty Development Vahdlty of Perrmts 60 In the event permittee Violates or falls to comply With any condItIons of approval of thiS permit, no further permits, licenses, approvals or certificates of occupancy shall be Issued until such Violation has been fully remedied 61 Withm ten days of Planmng DIVISion transmittal of the Statement of OffiCial Action, project applicant shall sIgn and return a copy of the Statement of OffiCial Action prepared by the Planmng DIVISion, agreeing to the Conditions of approval and acknowledging that failure to comply With such conditions shall constitute grounds for potential revocation of the permit approval By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said condItions The Signed Statement shall be returned to the Planmng DIVISion Failure to comply With thiS condition shall constitute grounds for potent/al permit revocation 62 ThIS determination shall not become effective for a period of fourteen days from the date of determInation or, If appealed, until a final determination IS made on the 53 appeal Any appeal must be made In the form reqUired by the ZOning Administrator The approval of this permit shall expire If the rights granted are not exercised wlthm one year from the permIt's effective date Exercise of nghts shall mean Issuance of a bUilding permit to commence construction However, the permit shall also expire If the bUlldmg permit expires, If final Inspection IS not completed or a CertIficate of Occupancy IS not Issued wlthm one (1) year of bUildIng permIt Issuance, or If the nghts granted are not exercised wlthm two (2) years followmg the earliest to occur of the followmg Issuance of a Certificate of Occupancy or, If no certificate of Occupancy IS reqUired, the last required fmal inspection for the new construction One SIX month extension may be permItted If approved by the Director of Planning. Applicant IS on notIce that time extensIons may not be granted If development standards relevant to the project have changed since project approval 63 These conditions of approval supersede and replace all prior City conditions of approval contained In the following permits DR 253, CUP 370, CUP 502, CUP 90- 065 and ZA. 4831-Y CONDITIONAL USE PERMIT 97-004 (For Live Performance Theater) CONDITIONS: Plans 1 ThiS approval IS for those plans dated Apnl 8, 1997, and reVised on May 21. 1997, a copy of which shall be maintained In the City Plannmg DIVIsion files Project development shall be consistent wIth such plans, except as otherwIse speCified In these conditions of approval 2 The Plans shall comply with all other provIsions of Chapter 1, Article IX of the MunIcipal Code, (Zoning Ordmance) and all other pertinent ordmances and General Plan poliCIes of the CIty of Santa MOnica 3 Prior to bUilding permit Issuance for the theater space, the final parking lot layout (mcludlOg the provIsion of tandem or stack parkmg spaces for valet parkmg) and specIfications shall be approved by the Parking and TraffiC Engmeer 4 Minor amendments to the plans shall be subject to approval by the Director of Planning and Community Development An Increase of more than 300 sq ft or a Significant change In the approved concept, such as a change from the theater use to another use, shall be subject to Plannmg Commission review Construction shall be In conformance WIth the plans submitted or as modified by the Planning Commission, Architectural ReView Board or Director of Planning 54 Architectural Review Board 5 Pnor to consideration of the project by the Architectural Review Board. the applicant shall review disabled access requirements With the BUilding and Safety DIvISion and make any necessary changes in the project design to achieve compliance With such reqUirements The Architectural Review Board, In Its revIew. shall pay particular attention to the aesthetic. landscapmg, and setback Impacts of any ramps or other features necessitated by acceSSibility requirements 6 Plans for final design, landscapIng, screentng, trash enclosures, and slgnage shall be subject to review and approval by the Architectural Review Board 7 The Architectural Review Board, In Its reView, shall pay particular attention to the project's pedestnan onentatlon and amenities, scale and articulation of design elements, exterior colors, textures and materrals. Window treatment, glazmg, and landscaping 8 Landscaping plans shall comply With Subchapter 5B (Landscaping Standards) of the zomng ordinance including use of water-conserving landscaping materials. landscape maintenance and other standards contained In the Subchapter 9 Refuse areas, storage areas and mechanrcal equipment shall screened In accordance With SMMC Section 9 04 10 02 130-9 04 10 02 150 Refuse areas shall be of a size adequate to meet on-sIte need, including recycling The Architectural ReView Board In Its review shall pay particular attentIon to the screening of such areas and equipment Any rooftop mechanical equipment shall be minimIzed In heIght and area, and shall be located In such a way as to minimize nOise and visual Impacts to surrounding properties Unless otherwise approved by the Architectural ReView Board, rooftop mechanical eqUipment shall be located at least five feet from the edge of the roof Except for solar hot water heaters, no reSidentIal water heaters shall be located on the roof 10 Construction period slgnage shall be subject to the approval of the Architectural ReView Board 11 As approprrate, the Architectural ReView Board shall reqUire the use of anti-graffitI materials on surfaces likely to attract graffiti Fees 12 The City IS contemplating the adoption of a Transportation Management Plan which IS Intended to mitigate traffic and air qualIty Impacts resulting from both new and 55 eXlstmg development The Plan will likely Include an ordmance establishing mitigation reqUirements, Including one-tIme payment of fees on certain types of new development, and annual fees to be paId by certaIn types of employers In the City This ordinance may require that the owner of the proposed project pay such new development fees, and that employers within the project pay such new annual employer fees related to the C,ty's Transportation Management Plan Development applications shall not be subject to the potentIal new development fee If no ordinance Implementing such fees has been adopted prior to Issuance of a bUilding permit for the project In addltton, the applicant has agreed to instItute the followIng Transportation Demand Management (TOM) measures, and shall submit a plan outlining these measures to the Director of Planning and Community Development A) Preferential parking shall be prOVided to persons arriving In vanpools and carpools B) Bicycle racks capable of secunng at least seven (7) bicycles shall be maintained on the project sIte C) Bus passes or tokens shall be made available by the applicant at half price to employees who utilize public transportation to and from their place of work Construction 13 Vehicles hauling dirt or other construction debns from the site shall cover any open load With a tarpaulin or other secure coverrng to minimiZe dust emiSSions 14 A construction penod mitIgation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management pnor to Issuance of a bUilding permit The approved m,tlgat,on plan shall be posted on the construction sIte for the duration of the project construction and shall be produced upon request As applIcable. thiS plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect, 2) DeSCribe how demolition of any eXisting structures IS to be accomplished, 3) Indicate where any cranes are to be located for erection/construction, 4) DeSCribe how much of the public street. alleyway, or sidewalk IS proposed to be used In conjunction With construction, 5) Set forth the extent and nature of any plle-drrvlng operations, 6) Oescnbe the length and number of any tiebacks which must extend under the property of other persons. 7) Specify the nature and extent of any dewatenng and Its effect on any adjacent bUildings, 8) Descnbe anticipated construction-related truck routes, number of truck 56 tnps, hours of haulmg and parking location, 9) Specify the nature and extent of any helicopter hauling, 10) State whether any construction activity beyond normally permitted hours IS proposed, 11) Descnbe any proposed construction nOise mitigation measures, 12) Descnbe construction-period secunty measures including any fencmg, lighting, and secunty personnel, 13) ProVide a drainage plan, 14) ProVide a constructlon-penod parking plan whIch shall minimize use of public streets for parking, 15) List a designated on-site construction manager, 16) ProVide a construction materials recycling plan which seeks to maXimize the reuselrecyclrng of construction waste, 17) ProVide a plan regarding use of recycled and low- environmental-Impact materials In bUilding construction, 18) proVide a construction penod water runoff control plan 15 A sign shall be posted on the property In a manner consistent WIth the publiC heanng sign requIrements which shall Identify the address and phone number of the owner and/or applrcant for the purposes of responding to questions and complaints dunng the construction penod Said sign shall also Indicate the hours of permissible construction work 16 The property owner shall Insure any graffiti on the site IS promptly removed through compliance With the City's graffiti removal program 17 A copy of these conditions shall be posted In an eaSily VISible and accessible location at all times dunng construction at the project site The pages shall be laminated or otherwise protected to ensure durability of the copy Environmental Mitigation 18 Ultra-low flow plumbing fixtures are required on all new development and remodelrng where plumbing IS to be added (MaXimum 1 6 gallon tOilets and 1 0 gallon unnals and low flow shower head) 19 To mitigate solid waste Impacts, pnor to Issuance of a CertIficate of Occupancy, restaurant owner shall submit a recycling plan to the Department of Environmental and Public Works for Its approval The recycling plan shall Include 1) list of materials such as white paper, computer paper, metal cans, and glass to be recycled, 2) location of recycling bins, 3) designated recychng coordinator, 4) nature and extent of Internal and external pIck-up servIce, 5) pIck-up schedule Miscellaneous Conditions 20 The building address shall be painted on the roof of the bUilding and shall measure four feet by eight feet (32 square feet) 57 21 The operatIon shall at all times be conducted In a manner not detrimental to surrounding properties or residents by reason of lights, nOise, activities, parkmg or other actions 22 Street and/or alley hghtmg shall be provided on public nghts of way adjacent to the project If and as needed per the specifIcations and with the approval of the EnVironmental and Public Works Management Department 23 Mechanical equipment shall not be located on the side of any building which IS adjacent to a residential bUilding on the adJomlng lot Roof locations may be used when the mechanical equipment IS Installed within a soundrated parapet enclosure 24 Final approval of any mechanical equipment Installation will require a nOise test In comphance with SMMC section 4 12 040 EqUipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor A copy of the nOise test results on mechanical equipment shall be submitted to the Community NOise officer for review to ensure that nOise levels do not exceed maximum allowable levels for the apphcable nOise zone 25 Final bUilding plans submitted for approval of a building permit shall Include on the plans a list of all permanent mechanical equipment to be placed outdoors and all permanent mechanical equipment to be placed Indoors which may be heard outdoors 26 No nOise generating compressors or other such equipment shall be placed adjacent to neighboring residential bUildings 27 Openable windows shall be provided throughout the project. In a manner consistent with applicable bUilding code and energy conservation reqUirements 28 Street trees along Mam Street and Second Street shall be maintained, relocated or provided as reqUired In a manner consistent With City's Tree Code (Ord 1242 CCS), per the speCifications of the Department of Community and Cultural Services and the Department of EnVironmental and Public Works Management No street tree shall be removed Without the approval of the Department of Community and Cultural Services and Parks 29 NOise levels for all uses located on that portion of the Edgemar parcel With frontage on Second Street and wlthm 100 feet of Second Street which were zoned OP-2 pnor to any approvals for a zone change to CM-2, shall be subject to the extenor nOise standards established for residentIal uses as specified In Santa Monica MUniCipal Code Chapter 4 12 58 Parkmg 30 Parking lot Illumination shall be provided and maintained 31 A security gate shall be Installed to close off parking areas between the hours of 1 00 a m and 6 30 am, Monday through Fnday, and 200 a m and 800 a m on Saturday and Sunday, with the exception of New Year's Day when the parking area must be closed at 2 00 a m Plans for the gate shall be reViewed and approved by the Director of Plannrng and Communrty Development prior to bUilding permit Issuance for the theater and/or artist studios 32 Prior to bUilding permit Issuance for the theater, the applicant shall submit a plan to the Director of Planmng and Community Development for review and approval of the valet parkmg and management program reqUired for the theater, restaurant expansion, and artist studios If the Director determines that additional review IS required. the plan shall return to the Planning CommisSion for a public hearing ThiS plan shall Include, but not be limited to, the follOWing A) Valet parking shall be provided after 7 00 pm dally and anytime the theater space IS In operation for performances or workshops B) A sign shall be posted that valet parkmg IS available for patrons of the Edgemar complex after 7 00 p m C) A charge may be leVIed for valet parking D) The valet servIce shall not park cars on the surface parkmg lot after 9 00 pm, with the exception of vans and vehicles for disabled patrons After 900 pm, eXlstmg parked cars may remain and the surface parking lot spaces shall be blocked to prevent parking of additional cars In a manner satisfactory to the Director of Planning and Communrty Development E) The valet service shall not set car alarms F) Valet service shall not Interrupt pedestrian flow In front of the project by blocking the SIdewalk G) The valet servIce shall not back vehicles down the street H) The valet Will have an on-site queuing area that IS of suffiCient size to accommodate two waiting vehicles where customers Will drop off their cars, and a return area for returning vehicles one at a time off Main Street 59 I) The valet operation and management plan shall establish a minimum number of valet attendants and supervisors to be proVided when the stack parking operatIon In use for the theater J) The valet service shall not utilize Second Street as part of Its desIgnated ro ute K) If, after the theater has been In operatIon for SIX months, the Director of Plannmg and Commumty Development determmes that the valet parkmg operation and management plan does not adequately address Edgemar parking needs, the applicant shall submIt a revised plan for review and approval If the Director determines that additional review IS reqUired the plan shall return to the Planmng CommiSSion for a public hearing Theater Conditions 33 The rights granted by the approval of DR 96-001 and CUP 97-004 to allow the theater use cannot be exercised until the effective date of the City CounCil's approval of Text Amendment 96-003 to amend the OffiCial Dlstnctmg Map from OP- 2 to CM-2 and General Plan Amendment 96-001 to change the land use deSignation from medium denSity residential to service and speCialty commercial 34 Two live theater performance spaces shall be permitted In the project One theater shall contain no more than Sixty-five (55) seats The second theater shall contain no more than nmety-nlne (99) seats 35 Attendance at performances shall be limited to the maxImum number of seats allowed Standing room only patrons shall not be permitted 36 The pnnclpal use of the theaters shall be for live theatrrcal performances and rehearsals Additionally. performances (and rehearsals) of mUSical theater. movement or dance, films, lectures, conferences, poetry readings. and workshops shall be permitted In the theaters 37 Attendance at workshops, conferences. or any other permitted events shall not exceed the maximum number of theater seats or theater operatmg hours allowed by thiS permit 38 The theater shall have the followmg permitted hours of operation 7 30 p m through 11 00 P m on Mondays through Frrdays, 1 30 P m through 11 00 P m on Saturdays, and 1 30 P m through 1030 P m on Sundays Rehearsals and workshops are proposed for the hours of 1000 a m through 11 00 P m Monday through Fnday, 1000 a m through 1000 pm on Saturdays" and 1000 am 60 through 9 00 P m on Sundays In addition, the performance start times for the two theaters shall be staggered by a mlmmum of one half hour 39 Cleaning crews for the theaters shall not be permitted to work after 11 30 p m 40 All announcements, brochures, and literature for public dlstrrbutlon from the theater shall announce the availability of parkmg In City Lot No 11 41 Theater patrons shall not be allowed to self-park on the property Valet parking shall be provided to patrons for all theater performances A fee may be charged for the valet service 42 Prior to each performance, the theater operator shall make an announcement that theater patrons are requested to be senSitive to nOise concerns of adjacent residential neighbors Signs shall also be posted In the lobby requesting theater patrons to be senSitive to the nOise concerns of adjacent residential neighbors while on the property In general Failure by the theater operator to control any excessive nOise by theater patrons after Issuance of at least two written Violation notices by the Director of Planmng and Commumty Development may be grounds for revocation of thiS approval 43 Prior to each performance, the theater operator shall make an announcement that parking on the adjacent reSidential streets IS prohibited Without a City permit ThiS announcement shall also appear on all promotional brochures for the theater 44 The theater shall not conduct set assembly or constructIon on the Second Street loading dock or outdoor portions of the property All such work shall be conducted Indoors, With all doors closed to the outSide 45 The theater may continue to use the Second Street loading dock currently used by the museum The loadmg dock would be used for deliveries to the theater between the hours of 10 00 a m and 500 P m No use of the loading dock may occur on Sundays Up to sixteen times per year, the theater may use the Second Street loading dock until 8 30 pm, at which time all loading operations shall cease Notice of each Second Street delivery occurring between 5 00 P m and 8 30 P m shall be proVided to the Director of Planning and Community Development a minimum of 24 hours In advance of each anticipated delivery Failure to proVide such notice constitutes a Violation of these conditions and IS grounds for revocation of permits 46 The theater may contract With the City for regular trash pick-up from ItS Second Street eXit 47 Prror to bUilding permit Issuance for the theater, the applicant shall submit a sound 61 mitigation plan prepared by an acoustical engmeer that provides measures to reduce nOise levels created by the siting and distance between bUildings that Impacts Second Street residents and properties north of the site The plan, Includmg mitigation measures for sound attenuation, shall be subject to the review and approval by the Director of Planning and Community Development Validity of Permits 48 In the event permittee Violates or falls to comply With any conditions of approval of thiS permit, no further permits, licenses, approvals or certificates of occupancy shall be Issued until such Violation has been fully remedied 49 Within ten days of Planning DIVISion transmittal of the Statement of OffiCIal Action, project applicant shall sign and return a copy of the Statement of OffICial Action prepared by the Planning DIVISion, agreemg to the Conditions of approval and acknowledgmg that failure to comply With such conditions shall constitute grounds for potential revocation of the permit approval By slgmng same, applicant shall not thereby waive any legal rrghts applicant may possess regardmg said conditions The signed Statement shall be returned to the Planning DIVISion Failure to comply With thiS condition shall constitute grounds for potential permit revocation 50 ThiS determination shall not become effective for a penod of fourteen days from the date of determination or, If appealed, until a final determination IS made on the appeal Any appeal must be made m the form required by the ZOning Administrator The approval of thiS permit shall expire If the rights granted are not exercised wlthm one year from the permit's effective date ExerCise of nghts shall mean Issuance of a bUilding permit to commence construction However, the permit shall also expire If the bUilding permit expires, If fmal inspection IS not completed or a Certificate of Occupancy IS not Issued Within one (1) year of bUilding permit Issuance, or If the nghts granted are not exercised wlthm two (2) years following the earliest to occur of the follOWing Issuance of a Certificate of Occupancy or, If no certificate of Occupancy IS required, the last reqUired final Inspection for the new construction One SIX month extension may be permitted If approved by the Director of Plannmg Applicant IS on notice that time extenSions may not be granted If development standards relevant to the project have changed Since project approval 51 These conditions of approval supersede and replace all pnor City conditions of approval contained m the followmg permits DR 253, CUP 370, CUP 502, CUP 90- 065 and ZA 4831-Y 62 VARIANCE 96-001 (To Permit Valet Operated Tandem Parking) CONDITIONS: Plans 1 This approval IS for those plans dated April 8, 1997, and revised on May 21, 1997. a copy of which shall be mamtalned In the City Planning DIvIsion files Project development shall be conSistent With such plans, except as otherwise specified In these conditIons of approval 2 The Plans shall comply With all other provIsions of Chapter 1. ArtIcle IX of the Municipal Code, (Zoning Ordinance) and all other pertinent ordmances and General Plan poliCies of the City of Santa Monica 3 Prior to bUlldmg permit Issuance for the theater space. the final parking lot layout (mcludlng the proVIsion of tandem or stack parkmg spaces for valet parkmg) and specifications shall be approved by the Parking and TraffiC Engineer Fees 4 The City IS contemplating the adoption of a Transportation Management Plan which IS mtended to mitigate traffic and air quality Impacts resulting from both new and eXisting development The Plan Will hkely Include an ordinance establishing mitigation requirements, Including one-time payment of fees on certain types of new development, and annual fees to be paid by certam types of employers In the City ThiS ordmance may reqUire that the owner of the proposed project pay such new development fees, and that employers Within the project pay such new annual employer fees related to the City's Transportation Management Plan Development applications shall not be subject to the potential new development fee If no ordinance Implementing such fees has been adopted prior to Issuance of a bUilding permit for the project In addition, the applicant has agreed to institute the follOWing Transportation Demand Management (TOM) measures, and shall submit a plan outlining these measures to the Director of Planning and Community Development A) Preferential parkmg shall be provided to persons arriving In van pools and carpools B) BIcycle racks capable of securing at least seven (7) bicycles shall be mamtalned on the project site 63 C) Bus passes or tokens shall be made available by the applicant at half pnce to employees who utilize public transportation to and from theIr place of work Parkmg 5 Parking lot Illumination shall be provided and maintained 6 A security gate shall be Installed to close off parking areas between the hours of 1 00 a m and 6 30 a m Monday through Frrday and 8 00 a m on Saturday and Sunday. with the exception of New Year's Day when the parking area must be closed at 2 00 a m Plans for the gate shall be reviewed and approved by the Director of Planning and Commumty Development, prior to bUilding permit Issuance for the theater and/or artist studiOS 7 Prror to bUilding permit Issuance for the theater, the applicant shall submit a plan to the Director of Plannmg and Community Development for review and approval of the valet parking and management program required for the theater, restaurant expansion, and artist studiOS If the Director determmes that additional review IS required, the plan shall return to the Plannmg CommIssion for a publiC hearing ThiS plan shall Include, but not be limited to, the following A) Valet parking shall be proVided after 7 00 pm dally and anytime the theater space IS In operation for performances or workshops B) A sign shall be posted that valet parking IS available for patrons of the Edgemar complex after 7 00 P m C) A charge may be leVied for valet parking D) The valet service shall not park cars on the surface parkmg lot after 9 00 pm, WIth the exception of vans and vehicles for disabled patrons After 9 00 pm, eXisting parked cars may remain and the surface parkmg lot spaces shall be blocked to prevent parking of additional cars In a manner satisfactory to the Director of Planning and Community Development E) The valet servIce shall not set car alarms F) Valet service shall not Interrupt pedestrian flow In front of the project by blocking the Sidewalk G) The valet service shall not back vehicles down the street 64 H) The valet Will have an on-site queuing area that IS of suffiCient sIze to accommodate two waiting vehicles where customers Will drop off their cars, and a return area for returning vehicles one at a time off Mam Street I) The valet operation and management plan shall establish a minimum number of valet attendants and supervisors to be proVided when the stack parking operation In use for the theater J) The valet service shall not utilize Second Street as part of Its designated route K) If, after the theater has been In operation for SIX months, the Director of Plannmg and Community Development determines that the valet parking operation and management plan does not adequately address Edgemar parking needs, the applicant shall submit a revised plan for review and approval If the Director determmes that additional review IS required the plan shall return to the Planmng Commission for a public hearing Vahdlty of Permits 8 In the event permittee Violates or falls to comply With any conditions of approval of thiS permit, no further permits, licenses, approvals or certificates of occupancy shall be Issued until such Violation has been fully remedied 9 Within ten days of Planning DIVISion transmIttal of the Statement of OffiCial Action, project applicant shall sign and return a copy of the Statement of OffiCial Action prepared by the Planning DIVISion, agreemg to the Conditions of approval and acknowledging that failure to comply With such conditions shall constitute grounds for potential revocation of the permit approval By signing same, applicant shall not thereby waive any legal nghts applicant may possess regarding said conditions The Signed Statement shall be returned to the Planning DIVISion Failure to comply With thiS condition shall constitute grounds for potential permit revocation 10 ThiS determination shall not become effective for a period of fourteen days from the date of determinatIon or, If appealed, until a final determination IS made on the appeal Any appeal must be made In the form reqUired by the ZOning Administrator The approval of thiS permit shall expire If the nghts granted are not exercised Within one year from the permit's effective date Exercise of rights shall mean Issuance of a bUilding permit to commence construction However, the permit shall also expire If the bUlldmg permit expires, If final Inspection IS not completed or a Certificate of Occupancy IS not Issued WIthin one (1) year of bUilding permit Issuance, or If the nghts granted are not exercIsed Within two (2) years follOWing the earliest to occur of the follOWing Issuance of a Certificate of Occupancy or, If no 65 certIficate of Occupancy IS reqUired, the last required final Inspection for the new construction One SIX month extension may be permitted If approved by the Director of Plannmg Applicant IS on notice that time extensions may not be granted If development standards relevant to the project have changed since project approval 11 These conditions of approval supersede and replace all prior City conditions of approval contained In the following permits DR 253, CUP 370, CUP 502, CUP 90- 065 and ZA 4831-Y 12 Approval of Variance 96-001 to allow 26 rather than 47 parking spaces for the theater and expanded restaurant seating shall not be effective until the effective date of DR 96-001, CUP 96-011 and CUP 97-004 CONDITIONAL USE PERMIT 96-011 (Ex~ansion of Restaurant) CONDITIONS: Plans 1 ThiS approval IS for those plans dated April 8, 1997, and reVised on May 21, 1997. a copy of which shall be maintained In the City Planning DrVISlon files Project development shall be consistent With such plans, except as otherwise speCified In these conditions of approval 2 The Plans shall comply With all other prOVISions of Chapter 1. Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan poliCies of the City of Santa MOnica 3 Prior to bUilding permit Issuance for the theater space. the final parking lot layout (mcludlng the provIsion of tandem or stack parking spaces for valet parkmg) and speCifications shall be approved by the Parking and TraffIC Engineer 4 Mmor amendments to the plans shall be subject to approval by the DIrector of Plannmg and Community Development An Increase of more than 300 sq ft or a slgmficant change In the approved concept, such as a change from the theater use to another use, shall be subject to Planning CommiSSion review Construction shall be In conformance With the plans submitted or as modlfred by the Planning Commission, Architectural ReView Board or Director of Plannmg Restaurant seating may not exceed 101 seats (87 mdoor, and 14 outdoor), mcludmg any patio seating areas speCifically deSignated for restaurant seating The location of the 14 outdoor seats IS limited to the area deSignated as "Proposed Outdoor Dining Area" on the plans dated Apnl 8, 1997, and reVised on May 21, 1997 66 Architectural Review Board 5 Refuse areas, storage areas and mechanical eqUipment shall screened In accordance with SMMC Section 9 04 10 02 130-9 04 10 02 150 Refuse areas shall be of a size adequate to meet on-Site need. including recycling The Architectural RevIew Board In ItS review shall pay particular attention to the screening of such areas and equipment Any rooftop mechanical equipment shall be minimized In height and area, and shall be located In such a way as to minimiZe nOise and visual Impacts to surroundmg properties Unless otherwIse approved by the Architectural ReView Board, rooftop mechanical eqUipment shall be located at least five feet from the edge of the roof Fees 6 The City IS contemplating the adoptton of a Transportation Management Plan which IS Intended to mitigate traffiC and air quality Impacts resulting from both new and eXisting development The Plan will likely Include an ordinance establishing mitigation requirements, Including one-time payment of fees on certain types of new development, and annual fees to be paId by certaIn types of employers In the City ThiS ordinance may require that the owner of the proposed project pay such new development fees, and that employers Within the project pay such new annual employer fees related to the City'S TransportatIon Management Plan Development applications shall not be subject to the potential new development fee If no ordinance Implementing such fees has been adopted prior to Issuance of a bUlldmg permit for the project In addition, the applicant has agreed to institute the follOWing Transportation Demand Management (TOM) measures, and shall submit a plan outlining these measures to the DIrector of Planning and Community Development A) Preferential parking shall be proVided to persons arriving In van pools and carpools B) Bicycle racks capable of securing at least seven (7) bicycles shall be maintained on the project site C) Bus passes or tokens shall be made available by the apphcant at half pnce to employees who utilize public transportation to and from their place of work EnVironmental Mitigation 7 Ultra-low flow plumbing fixtures are reqUired on all new development and 67 remodeling where plumbing IS to be added (Maximum 1 6 gallon tOIlets and 1 0 gallon urrnals and low flow shower head) 8 To mitigate solid waste Impacts, prior to Issuance of a Certificate of Occupancy. restaurant owner shall submit a recycling plan to the Department of Environmental and Public Works for ,ts approval The recycling plan shall mclude 1) list of materials such as white paper, computer paper. metal cans, and glass to be recycled, 2) location of recycling bins, 3) designated recycling coordinator, 4) nature and extent of Internal and external pick-up service, 5) pick-up schedule Miscellaneous Conditions 9 The operation shall at all times be conducted In a manner not detnmental to surrounding properties or reSidents by reason of lights, nOise, actIVIties, parking or other actions 10 Mechamcal equipment shall not be located on the Side of any bUlldmg which IS adjacent to a residential bUilding on the adjOining lot Roof locations may be used when the mechanical equipment IS Installed within a soundrated parapet enclosure 11 Final approval of any mechanical equipment mstallatlon Will require a nOise test In compliance with SMMC section 4 12 040 Equipment for the test shall be proVided by the owner or contractor and the test shall be conducted by the owner or contractor A copy of the nOise test results on mechanical equipment shall be submitted to the Community NOise officer for review to ensure that nOise levels do not exceed maximum allowable levels for the applicable nOise zone 12 No nOise generating compressors or other such equipment shall be placed adjacent to nelghbonng reSidential bUildings Alcohol Outlet Conditions 13 No bar area shall be developed within the restaurant 14 The owner shall prohibit IOltenng In the VICinity of the restaurant and shall control nOIsy patrons leavmg the restaurant 15 The primary use of the premises shall be for Sit-down meal service to patrons Alcoholic beverages shall only be sold to those With the Intent of purchaSing meals 16 In order to maintain the primary use of the premises for Sit-down meal service, only patrons waiting to be seated shall be permitted to order alcoholic beverages while standing In the restaurant 68 17 The premises shall maintain a kitchen or food-serving area In which a vanety of food IS prepared and cooked on the premises 18 The premises shall serve food to patrons dunng all hours the establishment IS open for customers 19 Seatmg arrangements for sit-down patrons shall not exceed 101 seats (87 seats Indoor, 14 seats outdoor), and the seating area shall be limited to the landing directly north of the restaurant entry door The eXistIng plastic curtam shall be removed, and no new replacement enclosure shall be Installed A guardrail shall be Installed along the area between the top of the stairs and the outdoor restaurant seats, which shall be subject to the review and approval of the Planning and Commumty Development Director 20 Take out service shall be only inCidental to the primary Sit down use 21 No alcoholic beverage shall be sold for consumption beyond the premises 22 No danCing shall be permitted on the premises 23 The restaurant shall have the followmg permitted operating hours 7 30 a m to 1200 a m Monday through Thursday, With last reservations taken for 1000 pm, on Fndays, from 7 30 a m to 1 00 am, With last reservations taken for 11 00 pm, on Saturdays, from 9 00 a m to 1 00 am, With last reservatIons taken for 11 00 pm, and on Sundays from 9 00 a m to 12 00 am, With last reservations taken for 10 00 P m On New Year's Eve, last reservations taken shall be for 11 00 pm, and clOSIng shall be at 1 00 a m Employee preparation (excluding food preparation) and clean-up shall be limited to one hour pnor to opening and one hour after clOSing at the restaurant 24 No expansion In number of seats or mtenslty of operation shall occur Without prror approval from the City of Santa Monica and State Alcohol Beverage Control 25 The restaurant shall be operated In accordance With a secunty plan approved by the Chief of Police 26 The restaurant shall comply With a plan approved by the Director of Planning regardmg employee alcohol awareness tralnmg programs and poliCies, Including a deSignated dnver program 27 The applicant shall comply With all legal reqUIrements regarding prOVIsions for the disabled, including those set forth In the Callforma Administrative Code, Title 24, Part 2 69 28 Prior to Issuance of a bUlldmg permit, the BUilding and Safety DIvIsion shall review the proposed odor filtering system for Its adequacy 29 Restaurant dellvenes shall occur only via Mam Street No use of Second Street for deliveries or customer access shall occur Signs shall be posted at all Second Street access pomts stating that no restaurant deliveries are permitted 30 Alcohol shall not be served In any disposable container such as disposable plastiC or paper cups 31 No video or other game machines shall be permitted on the premises 32 Within thirty (30) days from date of approval (If approved) the applicant shall proVide a copy of the Statement of OffICial Action for thiS approval to the local office of the State Alcoholic Beverage Control department 33 Fans and louvers for restaurant mechamcal eqUipment, Includmg the odor fllterrng system, shall be directed towards Main Street and shall comply wIth the City's nOise ordinance The odor filtering system shall be required to be Installed In conjunction With restaurant operation 34 Dehvenes to the restaurant and trash pickup and recycling for the restaurant shall only be permitted between 8 30 a m and 5 00 P m Monday through Fnday, and between 10 00 a m and 5 00 p m Saturday and Sunday Trash shall only be transferred from the restaurant to the exterior dumpsters between 9 00 a m and 11 00 P m Dumpsters or other exterior trash containers shall have rubbenzed lids Restaurant dumpsters shall be locked after 11 00 P m 35 The permitted times for restaurant deliveries and trash transfer, pickup and recycling shall be posted at a location Within the restaurant to ensure that the employees are aware of the CIty'S restriction of such hours The restaurant shall submit a plan for such interior srgnage to the Director of Planning and Community Development for approval 36 The restaurant shall adVise Its vendors that no deliveries Will be accepted outSide of the permitted hours as regulated by thiS permit 37 The restaurant shall adVise all vendors that dehvenes must be made via Main Street and that no dellvenes Will be accepted from Second Street 38 Signs In English and Spanish shall be posted on the inSide of the emergency eXit door next to the restaurant Instructing employees that thiS eXit IS to be opened only In the event of an emergency 70 39 Restaurant employees shall not park on Second Street or Third Street This prOhibition shall be printed In the Restaurant's employee manual 40 The operatIon shall at all times be conducted In a manner not detrrmental to surrounding properties or residences by reason of hghts. nOise, activities, parking, or other actlons FaIlure by the applIcant to control any exceSSive nOise by restaurant patrons may be grounds for revocation of thiS approval 41 ThiS approval IS for a Type 47 alcohol license Parking 42 Parking lot Illumination shall be provided and maintained 43 A securrty gate shall be Installed to close off parking areas between the hours of 1 00 a m and 6 30 a m Monday through Frrday and 2 00 a m and 8 00 a m on Saturday and Sunday, With the exception of New Year's Day when the parking area must be closed at 200 a m Plans for the gate shall be reviewed and approved by the Director of Planning and Community Development prior to bUilding permit Issuance for the theater and/or artist studiOS 44 Prror to bUilding permit Issuance for the theater, the applrcant shall submit a plan to the Director of Planning and Community Development for review and approval of the valet parking and management program reqUired for the theater, restaurant expanSion, and artist studiOS If the Director determines that additional review IS required, the plan shall return to the Planning CommIssion for a public heanng ThiS plan shall Include, but not be limIted to, the following- A) Valet parking shall be proVided after 7 00 pm dally and anytime the theater space IS In operation for performances or workshops B) A sign shall be posted that valet parking IS available for patrons of the Edgemar complex after 7 00 P m C) A charge may be leVied for valet parking D) The valet service shall not park cars on the surface parking lot after 9 00 pm, With the exceptron of vans and vehicles for disabled patrons After 900 pm, eXisting parked cars may remain and the surface parking lot spaces shall be blocked to prevent parking of additional cars In a manner satisfactory to the Director of Planning and Commumty Development E) The valet service shall not set car alarms 71 F) Valet service shall not Interrupt pedestnan flow In front of the project by blocking the sidewalk G) The valet service shall not back vehicles down the street H) The valet Will have an on-slte queuing area that IS of suffICient size to accommodate two waiting vehicles where customers Will drop off their cars, and a return area for returning vehicles one at a time off Main Street I) The valet operation and management plan shall establish a minimum number of valet attendants and supervisors to be proVided when the stack parking operation In use for the theater J) The valet service shall not utilize Second Street as part of Its desIgnated ro ute K) If, after the theater has been In operation for SIX months. the Director of Planning and Commumty Development determines that the valet parkmg operation and management plan does not adequately address Edgemar parkmg needs. the applicant shall submit a revised plan for review and approval If the Director determines that addItional review IS reqUired the plan shall return to the Planmng CommiSSion for a public heanng Special Conditions 45 NOise levels for all uses located on that portion of the Edgemar parcel With frontage on Second Street and wlthm 100 feet of Second Street which were zoned OP-2 prior to any approvals for a zone change to CM-2 shall be subject to the extenor nOIse standards established for residential uses as speCified In Santa Monica MUniCIpal Code Chapter 4 12 46 With the exception of the 14 permitted outdoor restaurant seats, the outdoor patio shall not be used for restaurant service of food, beverages. and/or alcoholic beverages 47 The above conditions shall be recorded as a covenant against the land binding upon any successor(s) In mterest, In a form approved by the City Attorney SaId covenant shall replace and rescind the Agreement ImpOSing Restrrctlons on Real Property recorded on November 28, 1988, as Instru ment No 88-1894493 of OffiCial Records of the Los Angeles County Recorder's Office 72 Validity of Permits 48 In the event permittee violates or falls to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be Issued until such Violation has been fully remedied 49 Within ten days of Planmng DIVISion transmittal of the Statement of OffiCial Action. project applicant shall sign and return a copy of the Statement of OffiCial Action prepared by the Plannrng DIVISion, agreeing to the Conditions of approval and acknowledging that failure to comply With such conditions shall constitute grounds for potential revocation of the permit approval By slgnrng same, applicant shall not thereby waive any legal nghts applicant may possess regarding said condltrons The signed Statement shall be returned to the Planning DIVISion Failure to comply With thiS condition shall constitute grounds for potential permit revocation 50 The nghts granted by CUP 96-011 to allow the restaurant expansion cannot be exercised until the effectrve date of the City Council's approval of Text Amendment 96-003 to amend the OffiCial Dlstnctlng map from OP-2 to CM-2, General Plan Amendment 96-001 to change the land use designatIon from medium density residential to service and specIalty commercial, and Text Amendment 97-004 to amend Santa Monica MUnlclpal Code Section 9 04 08 28 070 to remove the seating lImitatIon for restaurants north of Ocean Park Boulevard on the east Side of Main Street 51 ThiS determination shall not become effective for a period of fourteen days from the date of determination or, If appealed, until a final determination IS made on the appeal Any appeal must be made In the form reqUired by the Zonmg AdminIstrator The approval of thiS permit shall expire If the rrghts granted are not exercised Within one year from the permit's effective date Exercise of nghts shall mean Issuance of a bUilding permit to commence construction However, the permit shall also expire If the building permit expires, If final Inspection IS not completed or a Certificate of Occupancy IS not Issued Within one (1) year of bUilding permit Issuance, or If the nghts granted are not exercIsed Within two (2) years follOWing the earliest to occur of the follOWing Issuance of a Certificate of Occupancy or, If no certificate of Occupancy IS required, the last required final inspection for the new construcbon One SIX month extension may be permitted If approved by the Director of Plannmg Applicant IS on notIce that tIme extensIons may not be granted If development standards relevant to the project have changed since project approval 52 These conditions of approval supersede and replace all pnor City conditions of approval contained In the follOWing permIts DR 253, CUP 370. CUP 502, CUP 90- 065 and ZA 4831-Y 73 Prepared by Suzanne Fnck, Director Karen Ginsberg, Planning Manager Amanda Schachter, Senior Planner Donna Jerex, Associate Planner City Plannmg DIvIsion Plannmg and Community Development Department Attachments A Appeal statement of Lawrence & Hardmg for Edgemar (97 APP-007) B Appeal statement of Ocean Park Community Advocates (97 APP-008) C Appeal statement of Hans Rockenwagner (97APP-009) o Proposed Ordmance to Amend the Official Dlstnctlng Map E Proposed Resolution to Amend the Land Use Element Map F Proposed Ordmance to Amend Santa MOnica Municipal Code Section 9 04 08 20 070 G Planning Commission Staff Report dated Aprrl 16, 1997 H Planning CommissIon Staff Report dated May 28, 1997 I Planning Commission Minutes - Apnl16, 1997 J Planning Commission Mmutes - May 28, 1997 K Planning Commission Statement of OffiCial Action - July 16, 1997 L Public Notice M Correspondence N Proposed Amended OffiCial Dlstnctlng Map o Proposed Amended Land Use Element Map P Project Plans F \PLAN\SHARE\COUNCll\STRPT\DR96001 722 74