SR-7-A (21)
PCo SF KG AS OJ f \plan\share\councll\strpt\dr96001 722
Council Mtg August 12, 1997
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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,
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AUG 2 6 1997
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· 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
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(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
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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
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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
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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
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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
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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
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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,
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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
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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 )
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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· 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
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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
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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
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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
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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
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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
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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
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