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SR-7-D (2)LUTM:PB:DKW:DM:pc/ccsr9215 Council Mtg: Octobez 13, 1992 ~~ ~ ac~ i ~~ ~~~~ Santa Monica, California ` '`~ TO: Mayor and City Cauncil FRQM: City Staff SUBJECT: Conditional Use Permit 92-015 ta Allow the Operatian of a"Virtuality" Entertainment Facility ~n Zone 1 of the Third Street MaIZ Specific Plan. Applicant: Edisan Brathers Mall Entertainment Appallant: Mayor Ken Genser INTRODUCTION This repgrt recommends that the City Counc~l deny the appeal and uphald the Planning Commissian's approval of Conditianal Use Permit 92-015. BACKGROUND . At the Planning Commission meeting of July 1, 1992, the Commission approved a Conditional Use Pe~-mit to a~low the opera~ion af a 2,850 s~Zare foot "Virtuality" entertainment facility in an existing bt~ilding at 135~ Third Street Pron~enade. The proposed facility will contain up ~o twe~ve virtual rea3.ity simu~.ators for public use, a small novelty and promota,onal. counter, and a number of monitors to enable customers waiting to use the equipment to view the experience of the person us~.ng the simulator. The Commission appraved the praject by a vote of four to one, wi'~h twa Commissioners absant. The Commissianer wha voted agains~ the project expressed cancern a~out the proximity of the ~aca.lity to nearby alcahol serving establishments and the ~~ - 1 -- ~~~ ~ ~ ',"~,~~ patential negative effects a~ vialent simulator games combined with alcoho~ consumption. Prior to Planning Commission action on the pro~ect, a letter from the Bayside District Corpara~ion was submitted to the Com~ission stat~ng ~hat ~he Saysid~ Distriat Board af Directors had va~ed to recammend approval of the project (Attachment A). On July 15, 1992, Mayar Ken Genser appealed the P~anning Cammissi~n approval of the pro~ect. As stated in the attached app~al ~orm (Attachment B}, the appellant is ccncerned that the introductian of "arcade-type" uses to the Third Street Promenade wil~ impair the integrity and character af the downtown district. Project Design The prapased entertainment facility will be located in an existing one-story building which is ~he for~ner locatian of ~he Midnight Special Boakstare. Th~ facility wi~l initially inelude eight Virtuality simulators, a cashier/novelty caunter and a number af manitor stands. An additional faur simulators may be added in the future. The operator of the praposed entertairiment facility will be Edison Brothers Mall Entertainment. Edison Brothers current~y opera~e many apparel, entertainmen~, and footware stores in the Las Angeles area. These inc~ude aak Tree, JW, Wi1d Pair, and Leeds at Santa Monica Place. The operator has an existing corporate policy regarding truancy which the firm plans to - 2 - implement in the new ~acility (Attachment D). A representative of the Police Department has said that the Department has na abjectian to the pr~posed prdject, but would like to Iimit the hours of operatian ta a 1 A.M. clasing, The applicant has request~d a 2:30 A,M. clasing. The Police Department has requested the limited haurs in arder to avoid any proble~ with people loitering around the area after the near-by restaurants close. The Planning Cammission approved ~he project with the conditian that the establishment close by 1 A,M. Project Relation to Third Street Mall Specific Plan The projact will be located in Zone I(Mall-Fronting Parcels) of the Third Street Mall Specific Plan. Indaor entertainment facilities including theatras, sports facilities, nightclu~s, cabarets, game and video arcades, and bawling alleys are pennitted with the app~vval o~ a Conditional Use Permit. The proposed facility is considered an entertainment use, but is not considered a video arcade. The use is cansistant with palicies contained in the Third Str~et Mal~ Specific Plan which encourage the introduction of en~ertainment uses which serve the needs of both existing residents living nsar the Promenade and a wide range of consumers visiting the a~ea. These pol~.ci.es include the follawing: 4.1.5 Pravide for the devel~pment af new uses which increase the economic activity af the Third Street Mall, inaluding retail and specialty cammercial, eating and drinking - 3 - estab~ish~ents, ente~tainment facilities (theatres, clubs, etc.) professianal officas, and hotels. 4.1.I1 Encourage the introduction of uses which would attract nighttime use of the ma~l, such as movie theatres, cu~tural performance ha11s, restaurants, and entartainment facilities. These palicies encourage the establishment of uses which serve residents and visitars af Santa Monica and also promate daytime and nighttima activity on the Promenade. Emergency Moratorium On September 15, 1992, the C~ty Cauncil adopted an emergency ordinance prohibiting game arcades and establishing limitations on the number af alcohal and food serv~ng establishments in the Baysid~ District. However, the em~rgency ordinance only appiies to applications recei~ed after August 11, Z992, and since the subject applicati~n was fi~ed prior to the deadline and the ~acility is nat considered a game arcade, it is nbt subjeot to the emergency ordinance. Parking The Zoning Ordinance parking requirements for the 2,850 square faot facility would be 10 spaces~ based on a ratio af 1 spaae for every 3fl0 square feet oF floor ar~a. Howev~r, the project is located in the Downtawn Parking Assessment District and is not required ta pxovide parking. According to the Parking Demand Analysis for the Third Street Promenade/Bayside District prepared - 4 - by xaku Associates in May 1991, at that time, the six City parking structures w~re vperating at a weekday peak af 60~ occupancy, resulting in a surplus of 1252 parking spaces, and a weekend peak occupancy of bl~, resulting in a surplus of 1228 parking spaces. Based on the surplus of available parking in the struc~ures, and the faat that a partion of the ~stablishment's patrons will walk ta the facility from surraunding parking areas, restaurants and ather entertainment uses, the faci~ity is not expected to result in a shortage of parking. conc~usion The propased use is conditionally permitted in ~one 1 of the Third Street Mall Specific Plan. The project is consistent with several of the policies in th~ Sp~cific Plan which encourage the introducti~n at uses that accommodate residants and visitors a€ Santa Monica and promote daytime and nighttime activity on the Promenade. According ta the May 199~ Parking Demand Analysis prepar~d by Kaku Associates, adequate parking far the use is available in the City parking structures and throughout the Bayside District. G~ven the unique type of entertainment facility and the long-st~nding reputation of the facility operator, and with th~ recommended conditions of approval, the proposed use wil~ not impair the integ~ity of the Bayside District. Public Notification Pursuant ta Municipal Code Sec~ian 9~30.8, within 30 days after the subje~t application was deemed complete, the app~icant posted - 5 - a sign on tha property stating the €ollowing information; Project case numbe~, brief project descript~on, narne and telephone number of applicant, site address, date, tim~ and lacation of public hearing, and the Planning and Zoning Division phane number. It is the applicant's responsibilit~ to update the hearing date if it is changed af~er posting. In addition, pursuant to Municipal Code Seat~on 9131.5, notica of the public hearing was maiied to a~I owners and residential and commercial tenants of property ~.ocated within a 50p foot radius of the project at least ten consecutiv~ calendar days prior to tha hearing. A copy of the notice is contained in Attachmen~ C. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATIaN It is respectful.ly recom~ended that tl~e Council deriy the appeal and uphold the Planning Cvmrnission approval of Conditional use Permit 92-015 with the findings and canditions cantained in the Planninq Commi~sion Statement of Official Action (Attach~ent E). Prepa~ed by: D. Iienyon Webster, Plannir~g Manager David Martin, Associate P~anner Planning D~vision Land LTse and Transportation Management Department Attachments: A. Letter from ~ayside District Corporation B. Appeal form dated 07/15f92 C. Public Notice D. Edison Brathers Corparate Truancy Policy E. Planning Commission 5tatement o€ Official Action F. Project Plans - 6 - A~'T'ACHIV~ENT A sAYSro~ a~ss~rcz co~pv~Ttiow rr;rr.ua~r~aa=r,.tnsia.xrna 1427 Thrd Street Prume~ade Sul~e 2D2 _ Santa Nlonica, Cahfomia 80401-2358 31Q 393-8355 Fax 31Q 458-3g2i June 30, ~.992 Honorab~e Ralph Mechur c/o Pau~ Berlant Planning Can~mission City of Santa Monica Ib85 Main Street Santa Moruca, CA 90401 Re: Virt~ual Reality Cond.i~ional Use Permir 1350 Third Street Pramenade Dear ~talph: PZease be advised that tf~e Bays~de DistricC Board af Uirectors voted to recommend approval of the issuanee of a candi~ional use p~~~~ut ta the Edison Brothers of St. Louis to open a"Virtual Reality" store in the Bayside District with the following conditions: •To allow a wait~ng roo~n size not to exceed 20 people. •A iimited t~ ~~~ and/or revisit the condit~onal use pernzit in 5 years. ~The store must not have an arcade atmosphere. •Cond~tional use per~n.it sp~cifi~ ~o ~d.ison Bro~iers ogera~ivn onty. If you have any questions, piease do not hesitate to call. Thank you. Sincerely, Wend tkoski Acting F.~cecutive Director aao~~ ATTACI~M~~1T~' B Ciry of . Santa Mon~ca. " Commwury and Ewnom~c DevatopmeM De~a+tmer~t Piannir~ and zo~lrr~ avtsian tz,st a59-asa~ APPEAL FORM C~ Y f~.~l~~`~~ ~~Fl~~ FEE: S7~•~ Da~e Fiied 1 ~~ R~ec~ved~ . ~ ~ c Q ~ ~ ~ ~ {~l~-~ Rece~pt µ~e iCen Genser ~ ~~~ 1685 Main Street, 5anta Monica, CA 9U4o1 ContactPersor~ ~phone {314) 458-$201 P~ease descnbe ~he prqect and deasan b be appealed Approva 1 of CtJP ~or an "Enterta i nment Faci i i ty" ("Virtuality") Case Number CUP 92-015 p~~ 753t} - 3rd 5treet Nromenad~ q~,~ ~dj son ~rothers Ma I~ tr~tertay nmen[ dnginal heanng ~a~e J u~ y 1, 1992 ~ngirtal actbn J u i y i# l yyl P~ease state the apectRc reason(s} forlhe appea! ~~e i ntroducti on -of arcade-type uses to the 3rd S~reet Promenade w~17 impair the integrity and character of the downtown d~strict. R=~ lE ad~oanal spaco ~s needsd. u~ back c~ iarm. s~ `'~ ~~ ~~ ~ [~~~ , ~ ~~~0~ AT~'ACI~E~' C xarxcs or flavsr.o~rx~rr ~yeopoenx. - ; ~ ~` ibs Coac~rpsd p~rsobs _ _ ~ tro~r ~u Cit7 oi aanta ~toa3oa _ ~ - ~ _ = ,~ _ snbi~at o! ~~ariuq~ ]~pp~e~ ot Coripitiaral IIsa Pr=ait 97-ois ~ r' - ~ - _ ~ 17~0 fihird Strw~, Ca - - - ~ ~ , 11,pplicaat~ Virtu~l Raaltty Csntir - ` --- - - - - _ - ~- -- ,_ ad3~on 8rotaars ~ta13 ~ ,- - - ~ . ` ,..~ _ Ent~x#airi~~ut - - _-'~ _ _ ~ . ~ ~ ~= . . ~ - xypeilaint = 1C~n lian~~i' _ ,- _ ~ . - - - ~ - - _ - - . - - ~ ` , . sn3ato a~ anasaaf~r 1-~lioacian gara +ur c~tro da ~~cp~r~elcla ~r,. ~_ - ~ ~elidwd rirtual _ - ~ _ . - ',~j - ~ Aalaiia A,sarizrp rriI.i b~ ~!d by th~ CiLp Couxwil on tsta _~-- _. x: _~- - loliwl.~q ras~us~ts - ~ _ - , - . - - ~ _~ai ot Pl~t~niaq Ca~t~aiost 1lpproval a! la appiiastiat lo~c ~~. Cana~t#onal vw ~r~it to ei2aw tba opsratioaa o! -• ~irti~a2 ~ ~_ rirlity eup~rla~ c~ntsx. 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' -. _ ~ - ' ` - °.y -'-~ 's_X s OUJOa A ~'TA CHMEIITT D f • ~ . ; EDISON BR~TH~RS MALL ENTERTA' DIVf5~ON QF Ep15ON BiiOTHEAS STOi9E5 iNC ExECUrnre OFpCES so+ NO~+T-+ Bavwowwr r PoBr o~ACE eOx ~~a2o ST Wu~B ~ _1~1~~ 3~•ssa@ s'~$~67~ s 1~[~c~~1s13~qQI ..,~., .~. _ August 24, 1991 Memo #91-86 ALL REGIONAL MANAGERS Truancv Se~,in,~rs, Enclosed is a copy of a memo to Store Managers which restates our corporat~ Truancy Policy. Alsa enclosed is an autline far a Truancy Sem~nar, to be conducted ~n each store, by you or with your close direct~on, by your D~strict Managers. This shou~d be campleted prior to the start of school in your area. This will be an excellent time ta provide refresher training in ord~r to maintain the momentum on Truancy enforcement in the stores. Your prompt attention is anticipated and appreciated. . Thank yvu. E B MCAULIF VICE PRESxDENT/GENERAL S S MANAGER GPM/mmf Ot~G~~ ~_, i~ '- . ~' ~ • ~'~ ~' ~ ~ ~ EDISQN BROTHERS MALL ENTERTAfNMENT INC. av~s~o+v oF ~~soru e~r~as sro~s ~ric £7[ECU711/@ OFFICES SQl NORt1'i 6~DApWAV ~ PQST QPFI~ 6Q% 1/pZp ST LOU15 Mp 8afT0-4p~Q U s A ~OµE t3tai 7Jt-6p0O ~ tELESC 7979T9 ~ FA% f71ai ]J~-4Dp2 Auqust 20, ~991 Memo #91-87 ALL STORE PERSONi3EL Corvorate Poiicv Reaardina Truancv EBME enjays an impeccable reputation and truly maintains a whvlesome family env~rcnment. While we do not wish our Truant Officers, we have discouraging truancy. We of our iocations to become in our stores is not an ea canstant effort tc prohiY lacatians. Store Personne~ to asswae the ro~e af maintained a long standing po].icy oF do not intend and will not permit any a haven for truants. Policing truancy sy task. Hcwever, you must maintain a it truants frvm conqregating at EBME It is incumbent upon yau as oux representat~ves to mafntain the family image that we have spent yaara developi.ng. A polite inquiry to that yvuth~ul lookinq person who wanders into your store dur~.nq schoa2 hours may save eaEbarrassment to the cvmpany. Rule o~ thum.b: nWhen in doubt, check it out.~ Ask for proof of aqe {drivers licenss or other clearly official docum~nt). Place a call to that schoo~ district whera the customer told you h~ or she attends . ~etermine ~-het3~er schoo~ f s in aesaion cr n~t ; if nct or if the custom~r cannot prova their age, ask the individua~ to leave the pramises. A studsnt susgended from classes for any reason shall not be per- mitted in EBMS 3ocat~ons darinq school haura ~.f he or shs has not reached 16 years of age (soma locations requ~re higher ages), Request that ha or she depart the gremises until, school Iets aut fvr the day. EBME ~~ aware at ~ruancy grob],ems ~n th~ conemun~.ty, an~ we do not intend to contribute in any way to this ~ocial problem. ~t remain~ our policy to help minimi truancy and we are degendent on you to carry out our policy./~ ~~ t GE4RGS M~LIFFB VICE PRES~D$NT/G~iERAL S~S MANAGER GPM/mm! Of}U~ L . ~ ~ ~ T_be Trainer Discvuraqinq trciancy in a~.~ EBME locations is of uppermost importance durinq the schoal year. It is vital that all Managers and Associates understand the Truancy Po~icy and enforce it. Purpose of a Truancv Sem~nar l. Ta reinfvrce the need for t~ancy quidelines and to remind the Associates and Manaqers of their responsibilities in enforcing the policy. z. Ta give the emplayees a quideli.na on how they can enforce th~ truancy policy, in a diqnified and professionai, yet effective manner - and withaut losing a custvmer. Mater~.al~ 1. Truancy Policy (Policy and Procedures Manual) Operations- Sectian I - in manuaZ. 2. Truancy Palicy and Procedure ~Employee's Guide to Policies and Procedures "TRUANCY";. 3. Carrespandence from the Office of Midtown Enforcement to the Manhattan O~fice af City Planninq. ~l~Gl~ 1 ~ I. ~ i CiUTLINE FQR TRUANCY SEMINAR Introduction A. Ask the participants 1. Truancy: beir-g absent ~o define "Truanc~". without germission, especialxy from schaol. ~NOTE: EBME has expanded this deffnition to include "Suspended students. , 3. l~iany towns and cities require that arcades enloroa a Truancy Pol~cy ar else necessary ~icen~es and germits w~ll nat ba granted cr renewed. (Show/read exampZe: New York ietter). 0 li J .E .~ B. Ask the part~cipants l. EHME desires to maintain to explain why EBME is ~ts wholesome family c o n c e r n e d w i t h oriented imaqe . Truancy. 2. Thsre is serious public concern that game raoms should nat be a place for children to congregat~ wh~n they should be in school. Municipalities do respond to this concern ~y means of restrictive leqi.slation and punitive enforcement. It is EB1~'s pvlicy to be sensitive to public r~sarvaticas abflut game rooms, and to address them conscientfoczsly. ~ w ~ ~ II. A. Find aut the participant's 1. Ask them what the policy knawledge and understanding is? of the ESME's Truancy Policy. B. Read the excerpt from the 1. Operations, Section I. Policy and Procedure Manual on Truancy. C. Ask the partic'lpants if ~. You may ask for a shew of they acti~ely enforce the hands. Truancy Paiicy. 2. If someone doesn`t actively enforce the policy ask them why and then ask them if they nvw understand the ' a of enforcing it. t7. Ask severa~ of th~ par- 1. After the participants ticipants how they would have explained, read/qive hand~e a Truancy suspect. then tha excerpt ~rom the Employee's Guide to Po~icy and Prccedures on "Truancy" (Procedurej. E. Discuss th~ case on Truancy. Have th~ par- ticipant explatn how they wvuld hand}.e the situativn step by stap and discusa - where the person in the case study went wronq. I I I . ~y~R~Y Reinfarae the purpose of 1. Taka any questions that ths seminar and th~ the participants may fmportance of Truancy hava. enforcement. ~C~ui~~ ~ ~ ~ ~ Poiicy When a schoal is in sessivn, students (under the age af 16) ~ill not be permitted in any a~ our EHM~ locations. A student "suspended" from classea far whate~er reason shall not be permitted into aur EBME Iocatiorts if he/she has not yet reached 16 years of aqe. Procedure 1. A calendar for the neighhor~ng schoel should be pasted in the offi.ce. Check daily to see ~ school is in session (if no calendar is available contact the schoal directly for verificatian of holidays, vacations, etc.}. 2. zf a youthfc~l ~ovk.~nq customer enters the store during 5Gt1D0~ h~urs, politely ask them if they shou],d be ~n school, which school they attend and if necessazy, proof that they are over 16 years old. (Ru1e of th~~?~h is when in doub~, check it out). 3. If the student is truant politely ask him/her ta leave the stare and te3.l them ~hat they may return when schoal fs aut. During the normal houra of schoal, it is the yauthful custamer's burden to prvv~ tfl your satf.sfactian that he/she need not then be in school. 4. Where the police or other enforcement of~ic~.al~ request, the Regional Manager may authorize approgriate modificati.ans to EBME procedures in ~rder te fac~litata those of law enfarce- ment. 5. If a youthful custamer is accompanied by his or her parent, you have th• right ta presum~ that if the custvmer is absent fro~ sahoal, the absenc~ is authorized. ~Jli~l.) . ~+ ~1 1~~111y1~1Y 1 ~ ~ ~ ~ ~ PLANNING GOMMISSION STATEMENT OF 4FFICIAL ACT~ON PROJECT CASE NUMBER: Conditional Use Permit 42--015 L4CATION: i35D 3rd Street Promenade APPLICANT: Edison Brothers Mall Entartainment CASE PLANNER: David Martin, Associate Planner REQUEST: Conditianal Use Parmit to allow the operatior~ of a"Virtuality" entertatnment facility in Zone 1 of the Third Strest Mall Specific Plan. CEQA STATUS: The praject is categorically exempt per City of Santa Monica Guidel~nes for the Implem~nta- tion af CEQA, Class ~(].) . PLANNING C4MMISSION ACTION 07~Q1/92 Date. xx_ _ Appraved based on the followinq findings and subject to the conditions below. Denied. Other. EFFECTIVE DATE OF ACTION IF NOT APPEALED: 07/16/92 Gase #CUF 92-015 EXPIRATION DATE OF PERMIT GRANTED: 07/16/93 Case #CUP 92-q15 LENGTH OF ANY POSSYBLE EXTENSION OF ExPIRATION DATE: Any request for an extension af the e~tpiration date must be received in the P].anning and Zoning Divisi.on prior ta expiratian of this permit. 3 Months Caae #CUP 92-015 CONDITIONAL USE PERMIT FINDINGS l. The proposed use is one conditionally permitted within the sub~ect distr~ct and complies with all of the applicable provis~ons af the "City o€ Santa Mon~ca Caffiprehensive Land - 1 - r,o~is ~ ~ Use and Zoning Ordinance", in that the ~zse is listed as a conditianally permitted use in 2one 1 of the Third Street Mall Specifi.c Plan. 2. The praposed use would nat impair the i.ntegr~ty and character of the district in which it ia to be established or located, in that the use will be in the Dewntown area of the City, surrounded by ather commercial uses such as restaurants, stares and offices. 3. The subject parcel is physically suitab3e for the type af land use being proposed, in that the use will be located in an existing building on a parcel with no unusual characteristics. 4. The proposed usa is compatible with any of the land us~s presently on the sub~ect parcel if the present land uses are to remain, in that the existinq Midnight Special Baok- store is relocat~ng to another location on the Promenade. 5. The proposed use would be compat~ble with existing and permissible Iand uses within the district and the general area i.n which the proposed use ia to be ~ocated, in that the area is a commercial area which can accon4modate a variety of uses. 6. Thera are adequate pravi.sians far water, sanitation, and pub~~c utiliti~s and serv~ces to ensure that the proposed use would not be detrimental to public heal.th and safety, in that the site is located in an urbanized area adequate- ly served by existing ~.nfrastructure, 7. Public access to the proposed use wi11 be adequate, in that the site is adequa~,e~y served by existing roads and alleys and parkinq for th~ use wil~ be provided in City parking structure ~4. S. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- raunding neighborhood, ~n that the facility will be ].o- cated in an existing building, and the use is cand~tional- ly permitted in Zone 1 of tha Third Street Mal~ specific Plan. 9. The proposed uae is consistent wfth the gaals, objectives, and policies of the General Plan, in that Land Use Element PaZicy 1.4.7. encourages the concentr~tian af compari~an retail use and other complementary usea (such as hote].s, offices, cu].tural facilities, rastauranta, social ser- vices, and houaing) on or near the Third Street Promenade as nacessary to provide a catalyst for its rev3tali~ation. 10. The proposed use would not be detr~menta]. to the public interest, health, safety, canvenience, or qenera~ walfare, in that the use ia cons~.stent with tha Zonfng Ordinance, ~ N p rv _ ~ _ ~ i ~ ~ the Third Street Mall Specific Plan and the Land Use EiE- ment of the General Flan. lI. The proposed use conforms precisely to the applicabl.e per- formance standarda contained in Subchapter 6, Sectian 9050 and special conditions out~ined in Subchapter 7, Section 9055 of the City of Santa Monica Comprehens~ve Land Use and Zoninq Ordinance, in that no performance standard per-- mit ~s required. 12. The praposed use will not result in an overconcentration af such usea in the immediate vicin~ty, in that thexe are no similar uses located within the Sayside District. CONDiTION$ Plans 1. This approval is for th~se pZans dated v4/~3/92, a capy of which shal~ be maintained in the files of the City Plan- ning Division. Project development shall be consistant w3th such plans, except as otherwiae specified in these canditians of approval, 2. The Flans shall comply with all other provisiona af Chap- ter 3, Artic~e IX cf the Municipal Code, (Zvning Or- dinance) and all other pertinent ardinances and General Plan policies of the City of Santa Monica, 3. Minvr amendments to the plans shall be sub~ect to approv~l by the Director af Planning. A siqnif~cant chanqe in the approv~d concept shall be subject to Planning Co~aission Review. Construation ahall be ~n conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director af Planning. Architectural Review Board 4. Prior ta considara~ion of the project by the Architectural Review Board, the applicant shali review disabled access requirements with the Building and Safety Divisian and make any necessary changes in the pro~ect design to achieve compliance with such requirements. The Arch~tec- tural Rev~ew Board, in i~s review, shall pay particular attention to the aesthetic, landscaping, and setback im- pacts of any ramps ar other features necassitated by ac- cessibility require~nents. 5. Construction period ~ignage shall be subject to the approval of the Architectural Review Board. 6. Plans for fina~ des~qn, ~andscaping, ecreening, trash en- closures, and signaqe sha11 be subject ta review and ap- proval by the Architectural Review Board. - 3 - ~1 Q il i ~g . ~ 7. The Architectural Review Board, in its re~iew. sha~ll pay particular attention to the praject's pedestrian orienta- tion and amenities; scale and articulation of design ele- ments; exterior colors, textures and materials; window trea~~ent; glazing; and landscapinq. 10. Landscaping plan~ shall comply w~th Subchapter 5B {Landscaping Standards} of the zoninq ordinance inc~uding use of Water-canserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. l~. Refuse areas, gtorage areas and mechanical equipment shali screened in accordance with SMMC Secti.on 9040.13-9040.15. Refuse areas ahall be of a size adequate to meet on-e~te need, including recycling. The ArchitecturaZ Review Board in its rev~ew shall pay particular attentian to the screening of such areas and equipment. Any roottop mechanical equipment shal~ be minimized in height and area, and sha11 be located in such a way as to minimize noise and visual impac~s to s~rraunding properties. Un- less otherwise approved by the Architectural Review 8oard, rooftop mechanical equipment shall be located at least five feet from the adge af the roof. Except for salar hot water heat~rs, no residential water heaters shall be lo- cated an the raof. Construction 12. Unless other~,rise approved by the Department of General Services, all S1C~~W2LZ~C5 shall be kept clear and passable during the qradinq aad construction phase af the project. 13. Sidewalks, curbs, gutters, paving and driveways which need replacing or remowal as a result of the pra~ect as deter- mined by the Department af General Services sha~l be re- canstructed to the sat~sfaction af the Department of General Services. Approval for this work shall be ob-- tained from the Department o€ General Services priar to issuance of the building permits. 14, A sign sha7,l be posted on the praperty in a manner consis- tent wfth the pul7lic hearing sign requirements which sha-iI identify the address and phone number of the owner and/or applicant for the purposes of responding to que~tions and complaints during the oanstruction period. Said sign shal], also fndicate the hours af perra~ssfble constructfcn work. 15. A copy af these conditions shal vis~b~e and accessible lvcation struction at the project site. nat~d or otherwise protected to copy. Environmental Mitiqation 1 be pasted in an easily at all ti~es durinq can- The pages shall be lami- ensure durability ot the - 4 - ~1t~J~ i ~ • 16. Ultra-low flow p~uznbing fixtures are required on al~ new development and remodeling where plumbfng is to be added, ~Maximum 1.6 gallon toilets and 1.0 gallon urina~s and low flow shawer head.y Automatic shutoff faucets sha~l be installed on all sinks unless otherwise appraved by the General Services Department. I7. To mitigate solid waste impacts. prior to l.ssuance of a Certificate of occupancy, project owner shal~ submit a recycling plan to the Department of General Serviceg tor 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 recyling bins; 3) designated recycling coordinator; 4) natt~re and extent of internal and external pick-up service; 5) pick-up schedule; 6y plan to inform tenants/occupants of service. Miscellaneous Conditians 18. Hours of operation shall be limited to 9:00 A.M. ta 1:00 A.M., daily. 19. The building address shall be painted on the roof af the building and shall measure faur faet by eight feet (32 square feet}. 20. The aperation sha11 at all tfinea be conducted in a manner not detrimental to aurraunding properties or residents by reason of lights, noise, activities, parking or other actions. 21. Street and/or a1.Zey ].ighting shall ba prvvided an publ~c rights-of-way ad~aeent to the pro~ect if and as needed per the specifications and with the approval af the Department of General Servicea. Va].idity of Perm~.ts 22. In the event permittee violates or fails~ to comply with any conditions of approval of thi~ permit, no further per- mits, licenses, approvals or certificates a€ accupancy shall be issued untii such violation has been fully remedied. 23. within ten days of Planning Diviaion tranamittal of the Statement of ~ff~c~al Action, pra~ect app3icant sha~l sign and return a copy of the Statement o~ Offa.ci~l Action prepared by the Planning Division, aqreeing to the Condi- tions of approval and acknawledging that ~ailure to cemply with s~ch conditions shall constitute qrounds for poten- tial revocation of the permit apprava~. By eigni.nq ~ame, applicant shall not thereb~ waive any Ieqal rights apgli- cant may possess regarding said conditions. The signed Statment sha13 be returned to the Planning Division. Failure to comply with this condition ~ha1Z constitute graunds for potentia~ permit revocation. - 5 - G~iJ._'+'4 ~ ~ 2~. This determination shall not become effective for a perind of fourteen days from the date of determination or, if appealed, until a final det~rmina~ion is made on the ap- peal. Any appeal must be made in the form required by the Zoning Administrator. The approval af this permit shall e~ire one year from the permit's effective date, un~ess, in the case af new develapment, a buildinq pern-it has been obtained, or in the case of a change of use, a business license has been issued and the use is in aperatian prior ta the permit exp~ration date. One three-month extension of the ane year period may be permitted if approved by the Directar af Planning. Applicant is on notice that time extensions may not be g~anted if development standards relevant to the project have became more restri~tive since pra~ect approval. 25. This approval sha1.1 be specifically for the operation of a faci~ity involving the virtual reality simulators and shall nat permit any ather type of video or game arcades. VOT~ Ayes: Gilpin. O'Connor, Pyn~, Rasanstein Nays: Polhemus Abstain: Absent: Mechur, Morales NOTICE If this is a final decision nat subject to further appeal under the City of Santa Mon~ca Comprehensive Land Use and Zoning Or- dinance, the time within which ~udicial rev~ew of this decision must be sought is governed by Code of Civil Procedure Section Z494.6, which provision has been adopted by the City pursuant to Municipa~I Code Section 1400. I hereby certify that this Statement of Official Action accurate- ly reflects the final determination of the P~anning Commission of the City of Santa Monica. i ~~ -~"~ ~•~~.~2 s~ nature , date I Ra ph Mechurr Chairperson Pl ase Print Name and Title I hereby agree to the ahove conditions of approval and acknawledge that failure to camply with such conditians shall - 6 - ~~ i r- ? ~ i ~ canstitute graunds far po~.ential revocat~on of the permit approval. Appliaant's Signature Print Name and Title PC/STOA92~5 DM - 7 - 1'j~{~'~•., AT~'ACI~ME~ITT F