SR-8-A (185)J ~
FCD DK~~' SHK f '~planisharelpclstrptlcup45022
Plamm~g Commission Mtg 7anuary 10, 199b
TrJ The Hnnorable P~an~ing Cor~ussion
FROM
Planning Staff
SUB7ECT Condtuonal Use Permit 95-~2?, Vanance 9~-029
Addres5 1810 Ocean Avenue
AppIicant Bruce Marder
I1~7TRODUCTIOiV
Santa Monica, ~alifornia
Action Application for Cond~t~onal Use Permit to allaw the 2ssuance of a Type-47 {On-Sale
General Alcohol License for a Bona F~de Public Eatm~ P1ace} ~lcohol Iicense to be used zn
con~unct~on t~~th a ne~f 1,795 5 sq~are foot rescauranz with a~otal of 74 seats and a Variance
ta pro~idc 12 parkmg spaces in lieu pf the 15 park~ng spaces requxred b} Code for this neu
restaurant on-site w~th valet parl~ng ser~t~ce T~ie prap~sal mee~s all applicable develapment
standards, Evith the exception of the request for the parkmg ~ar~ance
Recommendat~an. Appro~al with Condit~ons
Permit Srreaml~nm~ Exniration Date Apri1 6, 1996
SITE LOCATION A~D DESCRIPTION
The subject property fs a 7.840 sq ft parcel Iocated on the west side of Ocean A~~en~e
between Vicente Terrace and Vicente Place North {alley) ha~ing a frontage of 78 ~eet
Surrounc~ing uses consist of tYte Seaview Hotel (Rv'C} to the narth, Paciftc Shores Hotel (CC)
to the east, residential us~s (R3) io ihe ti~-est. and the Pr~tikm parkzng lot to the south
Exist~ng an-site is a~aeant restaurant ~~hich has been out of busmess for more than one year
and Cora's Coffee Shop, ~mmed~ately ad~acent t~ the ~orth of the proposed restaurant
Zaning Distrtct RVC, (Resident~aL-V~sttor Cammercial District)
Land Use Distract Oceanfront Special Drstrict
Parcel Area 78' x 100' = 7,Sd0 square feet
~~ ~C~G
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PROJECT DESCRIPTION
Proposed ~s a Ts~pe-47 (On-Sale General Alcohol License far a Bana Fide Publ~c Eatina
Place) alcohol license to be issued in con~unctian w~ith a new 1,795 5 square foot restaurant
The use would ~nclude 936 75 square feet of serv~ce area. 85$ 75 square feet of non-senTice
areas, b4 dxmng seats, and 1D bar seats The proposed hours of aperation are Tuesda~~
through Thursday, 6 gm - 1 am, and 6 pm - 2 am on Friday and Saturda~• The restaurant
~vill be closed on Sundays and ~7ondays No entertamment or dancmg is proposed
MUNICIPAL CODE AND GENERAL PLA?~ COI~'FORMANCE
The groposed pro~ect is mconsistent with the Munic~pal Code m terms of the number of
parkin~ spaces pro~rided and m conformit~~ with the General Plan as shown in Attachment A
~EQ~_ STA~~.TS CategoricaIit~ exempt gursuant to CIass 1(a) in that the proposed
restaurant ~c~~ll be operated in an existing private stnscture «~here there will be no expansion
of use be~~ond that pre~~iously exist~ng
RE~IT CQNTROL STATGrS Commercial exempt
~ES
The pro~ect is not sub~ect to any special fees
PUBLIC ?VOTIFICATION
Pursuant to Mumcipal Code Section 9 04 20 20 080, wtthin 30 da~~s after the sub~ect
app~ication v~~as deemed complete, the applicant posted a si~n on the property statin~ the
follo«~ng infprmatian Pro~ect case number. bnef pro~ect description, name and telephone
number of appI~cani, site address. date, time and location of public hearing, and the Plamm~g
and Zonin¢ Dsvision phone num~ser It is the applica~t's respons~hllity to update the hearing
date if it ~s changed after posung
In addrtion. pursuant to Mumcipal Code Sectfon 9 04 20 22 050. nouce of the pub~ic hearm~
mailed to a~l ov~~ners and residenzial and commercial tenants of propert~~ located within a 500
foot radius of the pro~ect at least ten consecuti~-e calendar days priar to the hearing A capF~
of the nonce is contamed in AttachmenC B
The appli~ant scheduled a meetmg with members of the neight~orhood on January 3, 199b
At the urne of this repart, the meetmg had not yet occurred The results of this
ne2ghborhood meeting wili be dtscussed at the hearin~
_ ~ _ ` y
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ANALYSIS
Back~r und
The prapased proJe~t s~te was the lacation of The Muck~ Duck restaurant, which has been
out of bus~ness more than one year The subject request requires a Conditional Use Permit
to allot~~ a restaurant «~rth aicahol service m the RVC district The applicant is requestzng
appro~~al of a Condrtional L?se Permit for a 74-seat restaurant ~;~ith a Type-47 {On-Sale
General Alcohol License for a Bona Fide Public Eat~ng Place} alcohol license A var~ance is
also requested to permit the restaurant with 12 on-site parking spaces m-lieu of the la
reqn~red parkmg spaces
The pro~ect site ~s located ~n the Residential-V~sjtor Commercial D~strict (RVC) The RVC
district is intenc~ed to pra~ect exisUng residenual uses in the area r~~hile providmg far the
concentration and expansion of coastal-re~ated lodgu~g, dmzng, recreation and shopping needs
of tour~sts and others m the oceanfront area There are residenttai uses imm~diately to the
~~est (R3} of the site consistm~ of s~nQle and multifamily housmg There are three lar~e
hotels, the Pacific Shores, Shutters on the Beach and Loew's, located wythin approxunate~}~
SQQ feet of the pro}ect stte The pr[~~eci site is also wtthin SQQ feet af the so~tha~estern
portion of the Ci~~ic Center
Prorect Desian
The appl~cant proposes to remodel the existmg buildin~ with na mcrea~e in square foatage
Although there is an ouFdaar patio area between the praposed restaurant and Cora's Coffee
Shop to the north, no outt~oor dirung is praposed Condition #41 has been ~ncluded to
prahYbit an}~ outdoor drning at this site
The restaurant entrance is lacated ad~acent to the parking lot an rhe north ele~~ation, clase to
Qeean Avenue All 74 seats are lacated in a 985 S square foat open roam A bar is ~ocated
an the north wall ~~ith 10 bar seats There is no separatlan betv~~een har and dinm~ areas A
large fireplace ~s also located on the north v~~all bet~~een the kitchen and d~~una area
~T~IQhborhood Comtiatibilft~~
There are approximately y64 restdents within a S00-foot radius ofr the s~te These residents
are located in apartments and single familr residences located in the R3 and R3R drstricts
adsacent to the RVC (Res~dentiallCommerctal) Distr~ct along Ocean A~renue_ There are no
schQOls or churches located with~n 50Q-feet of the sub~ect property
A nearb}~ resident. submitted a ietter (Attachmen~ D} expressing concerns regarding the
addit~on of another alcohol autlet in Census Tract 7019, «~here 134 alcohol outlets no~l exist
The concerns articuia~ed mclude the addytion ~f anather alcohol auEiet usitYun 3 blocks of the
City's anly publzc high schaol and ti~~here parkin~ shortages exist and la~r enforcement
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persanneI is already overwhelrr~ed The ~etter requests the Planntn6 Camrnission to consider
that the Conditional Use Permit is granted for the property~ and ~s not ~ssued sgectfica~l~~ to
the current appl~cant
Peti~~ons «-ere also submitted from ad}acent neighbors on Vicente Terrace and Sea~~ie~~~
Terrace The residents ha~ e concer~s ahout the gu~et en~}oyment of their praperty if ttte
proposed application is approved ~vithout speci~c conditions Residents on both streets
s~bm~tted a list of condittons which theF~ r~~ould Iike included The i5 specifie cond~tions
requested are shown in Attachment E Staff has included some, bur not all of the requested
conditions
Restaurant Hours af Onerat~c~n
T~e applicant rs prngastna to dra«~ customers far after theater and late evenin~ dtri~tlg Thz
proposed hours of operation are fram 6 00 pm to 1 00 am, Tuesdat~ throu~h Thursda~~ and
6 00 pm to 2 QO am on Fridays and Saturdavs The restaurant will be closed on Sundays and
Ivtondays There will tae a maximum of 10 employees at peak hourc The ad~acent neighbors
ha<<e requested a condition to limic the ho~rs of operation so thai the rest~urant would close
on Sunda~: throu~h Thursday at 9 00 pm with complete shutdov~~n b}~ 14 04 pm and close on
Fr~dav and Saturda~~ at 10 00 pm r~~rth complete shutdown by 11 pm In Condition #42, staff
recommends that the hours of operation be meal ser~~ice from 5 00 pm ta 10 00 pm, Tuesda~-
throuQh Thursda~~. ~;~ith camplete 5hutdo~~n b}~ 11•~Q pm and on Frida}~ and Saturda~~, meal
service from ~ 00 pm to 11 00 pm, with comple~e shutdown by midnr~ht
The RVC is a unique d~strict The oceanfront area, ad~acent to the Crvic Cencer, draws
~~is~tors and tourists from around the w~orld Yet, one of the princtpal goals of this Districi is
to protect tl~e existing res~dential uses by nat impazring the character ar mtegrity of the
nei~hborhood A balance of uses must be maintained ~n this DZStr~ct
Staff and the CommiSSion ha~~e ~enerall~~ used establ~shed guidel~nes for hours of operation
for alcohal outlets in variaus dfstricts In most districts where restaurants are permatted,
establishments wiih atcohol are allowed to stay open until 12 arn. Sunday throuah Thursda~
and untt7 1 arr~ an Frida~~ and Saturc~ay. unless partrcular candttions limiting the hours are
included The only d~strlct m the Ci«~ where the hours requested by the applicant for alcohol
outIets have generally been allowed are the C3 (Downtown Cammerc~al) and C3C
(Davvntown Overla~~} Districts Both these dtstricts permit hours ta extend to 1 00 am on
~Sundat~ throu~h Tl~ursday and until 2 OQ am on Fridays and SaturdaVS Hov~te~er, of all the
Citti~'s districts, thes~ two distrtcts are pnmaril}~ cominercial. with a higher densFty, and ven-
fe~~~ ad~acent reszdentiat uses The most restr~cti~e district is the C' {Neighborhoad
Commercial) Distr~ct, where the haurs of aperatian refle~t a sens~t~~it~f to adjacent zes~dential
11525 In the C2 D~strict, under the t~~pieal eondit~ons of approval restaurants ti~it1~ alcahol
must close by 10 pm, Sunday through Th~rsday and by 11 pm on Fridays and 5aturdays
AIthouah the C2 D~strict consists of more nefghborhoad commercial uses. uses ~mmediatel~
ad~acent to the C2 Distr~ct are resident~at, staff belie~les that the need to protect the existin~
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res~dential uses ad~acent to the proposed s~te requires limitations to the hours of operation
more akin to tY~e C~ District
The concerns regardmg the hours of operation are related ta noise and patenttal d~sturbance
ta Iielahbors The applFCant belie~~es it i~ crrtzcal to the success of the restaurant. as
proposed, to remain open untiI ~ 00 am dunng the vveek and ? 00 am on Frzday and
Saturda~- The applicant sou~ht the advice of a sound consultant. J B Consultin~ Assoczates,
to analyze the ex~stina and potenual naise on the site and conduct sound level tests The
consultant concluded that the noise from the traffic and the bus staging area on Ocean
A~~enue creates an ambfer~t noise level which will mask most noise created bz~ the restaurant
use The consuItant adti~ised the agplicant that ~f the windo«~s of the ad~oimng residennal
properties were duai glazed. it wa~ld result in a net reduczion of no~se v~~ithin those
residences even if tl~e restaurant were open untit 2 00 am If the appl~cants are allo~~~ed to be
apen for the hours the}~ ha~e requested, they intend to implement specific mitigatian measures
to address nozse as sl~ov~~n in Attachment F The propased measures are listed belov~~ (usin~
the numbers as shown in the letter from the applicant's attorney, Attachment F), with an
anaivsis by staff
Valet Parkina
#1 Ali ~alet nick-u~ and droA-off after 10.00 ~m will be at a des~gnated valet area
on Ocean Avenue z~ front of the restaurant. Staff is concerned regarding the
removal of on-street parkmg for this proposed use The parlcin~ in this
neighborhood is ~~en~ i~mited. bath for residents. as weIl as anS~ visitors to those
residents ar to the area ~n general Ho~;~e~°er, if the valet parking was moved to
th~s area it would reduce noise ~mpacts to ad~acent resid~nces Cond~tion 6i
addresses this issue
#2 The ti~alet dr»er~ ~~lt n~t dri~~e ~vest of the restaurant on the adiaimn~ allevs.
Staff agrees with the applicant that no valet traffic shouId utilize tlie alley west of
the sub~ect s~te nor Vicente Terrace Staff has included Condition #54, which
requires the circulaiion for the valet dri~ers ta use Ocean A~ent~e and onl~~ the
portion of Vicente Place North alley which is adaacent to Fhe proposed site
#3 Customers ;vill not wait for their cars outs~de the xestaurant. Waiters will be
instructed to ask natrpns for their valet rece~nts and notif~l tl~e customer ~~hen
~heir cars are readv. Staff believes this measure is appropriate and has mcluded
it as Cond~uon #35 The elimznat~on of patrons standin~ outs~de to wart far their
vehicles will eljminate noise from conti~ersatfons In add~tion, rniugation #14.
«hich prahibits the ~•alet drn~ers frorn congregatin~ at the on-site parkm~ lot is
also appropriate and 5hould be pan of the o~~ner's responslbzlitt~ to keep the noise
at a lau~~ level zn the parking lot as per Conditfon #34
~~ ~d~
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Re Cantrollrng Customer Noise
#~ and #~6 and #~21 Staff supports all efforts to minitnize noisy patrons. includin4
posting s~gns in the park;ng lot, wriEten cautians on guest receipts, and verbali}~
cautionmg patrons as the~ leati~e Condrt~an #34 ~s a standard condiuon
required for al~ alcohol CUPs. which requires the o~~~ner to controI nois~~
patrons, and the praposed mitrgat~on measures meet these standard minimum
requ~rements In addztaon, staff ~ncl~ded miuganon measures ~5, #6 and #'I
as Conditions ~62. #63 and #64
Ph~~sicat ~odificat~ons to the Restaurant
#7 All w~ndo~~s at the rear of the restaurant will be dual alazed.
#8 The door at the rear of the restaurant uill be made of thick_ sound-res~stant
materials and wilt t~e kent cIosed at all ~~rnes. The side emer~encv e~it doar
~vilt be kent closed at all t~mes. excent m an emer~enc~~.
#9 A moveable door~sound baffle will be mstalled at the front door to direet all
~p~nds and natrons awav from the res~dences and toc~rards Ocean Avenue
#l~ Sou~d ~bsorblFlQ r~aterials (curtains e.~.1 will be hun~ ins~de the front c~oor co
minimize noise from arriti~in~ and denartinQ customers.
#i2 ~'~~ restaurant «~ill imntement all elements of an HVAC svstem desi~ned b~~
Environmental Camfort Svstems. Inc. to ach~eve effic~enc~ and mimm~ze
$pund and adors, The exhaust fan v~~ill be baffled and will not oDerate after
na -
#13 The ~xhaust vent w~ill be raised hiah enou~h to ensure nrevaiIinQ onshore
l~r~~zes will cam~ sour~d and odars a~-a~~ from the ad~olmn~ residence~,
#16 The annIicants wiil install thick table nads and use tablecovers to mimmize
harsh inter;or sounds.
#17 The restaurant ~;~rll be constructed wfth~n the existm~ thick cancrete ~valis to
contain sound.
#2? Al~ ~efr~~eratar cpm~ressors v~~sll be cantained v~ithin the ~ut~ding w~alls and
~~~~~1 not be located on the roof. ~
Staff bel~e~~es the greatest noise impact will be from the parking lot. both b~~ tl~e
vehicles and customers leaving and returmn~ to their cars Staff belie~~es dual
glazing at the rear w~ndows and the applicant's proposal for the doars m mitigatton
measures #$ and ~#10 w~ll sufficiently reduce any noise ~enera~ed from «~rthin the
restaurant The Police Degartment has also expressed concern regarding no~se and
requeste~ the usE of a double doar entrance anc~ tnsulatec~ ~~indows Staff has
mctuded micigation measures #7. #9, and #14 as Conditions #57, #~S and #S9 The
second ~reatest naise generator wiIl be from an~~ HVAC s~stem The applicant
consulted Environmental Comfart Systems, Inc reaarding desi~n of equipment w~th
a lov~~ spee~ motor wh~ch will mimm~ze noise (see Attachment F} Staff considers
the inclusion of mitiga~ion measures #~12, #13, and #22 to be part of the appl;cant's
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proposal
#~f 8 The annlica~ts wilt have a recv~lin~ nro~ram to minim~ze ~lass and metal
~leposited in the trash. The trash will no~ be dumned after 11.00 n.m.
Staff supports the recycl~ng proposal S~nce the trash will no~ cantam ~lass or rnetal,
there w~il1 be Eess no~se assoczated with c~ump~ng the trash However, to fi.irther
ensure that ne~ghbors are not affected, no trash should be dumped befare 8 a m ar
after 10 p m. as per Condition #24
#19 The annllcants wili not have ~ive enterta~nrr~ent or ~se of an~~ amnlified music
aud~ble be~~ond the boundaries af the nro~ert~~.
Li~~e or amplified music was not a part of this applicat~on and Condttion #~Q
spec~fically prohibit~ dancm~ or lati~e entertainment Staff has added the limitat~on
regarding amplzfied music as «=e11
#20 The restaurant. will offer to duai ~laze tl~e facina wmdaws of the resrdential
pt'Operties adloin~na ~he nark~n~ lot to the south anc~ west.
This proposal by the applicant expresses the ef~ort che applicant is ~~ilI2ng to make in
order to protect res~dents if their praposed haurs are permitted The appl~cant's
consultant, T B Cansultmg Associates, bel~e~~es that dual giazin~ of ac~~acent
residentiai propert~es «~auld result in a net re~uction of noise. e~en zf the restaurant
is open until 2 DD am. due to the exisung high levels af amb~ent noise Staff has
included this proposal as Condxtion #bS, vvh~ch will requ~re the applicant ta 5E11C~
certified letters to the affected propernl owrners with the offer and mdicate that a
response is required withtn 4~ days for any~ properFy reqUestFn~ this measure An
~nsp~cuon af thes~ properties snail be required pr~ar to Ceruficate af Oecupancy
Nei~hborhqod Concerns Re~ard~na Odors
In their si~ned petit~on, the ad~acent neighbors expressed concern regarding poten~ial odors
emitt~ng from the restaurant mto the neighborhood The applicant has addressed this cancern
b~ e1~m~natinQ deep fry~ers ar charbroilers at the restaurant Deep fryers and charbrozlers
produce ~nore odar than sautee cookin~ The appl~cant is also proposinQ to raise the exhaust
vent hi~h enough above the restaurant to carry odors up and away from ad~o~mng prapertles
The applicaz~t wzll also use ~ HVAC s~~stem designed by Environmental Comfort S~~sierrss.
Inc pro~~ides the maximum control of cooking odars (Attachment F} The proposed H~'AC
system should minimfze odors m the neighborhoad
Parkin~ Var~ance Reauest
The propased restaurant use requ~res 15 park~ng spaces Based on a park~n~ requiremet~t of
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one space per 75 square f~et, the 936 7~ square foot seating and ser~lice area reguires 1~ ~9
parkma spaces and the 858 75 square feet of support areas, mcluding kttchen, restrooms and
the area behmd the bar, requ~res one space per 300 square fee[, or 2 8b parkmg spaces The
applicant proposes to pro~~ide 12 ons~Fe parking spaces in lieu of the 15 required spaees All
~~ehicles in the parking ~ot wil] be ~~alet parked «-ith additionai valet park~na ~ccurrina at the
Pritikin parking lot at the corner of Ocean Avenue and P~co Bouie~~ard The parkinQ fayout
and access ha~ been approved b~~ the Cin~'s Parkmg and Traffic En~ineer
Cora's Coffee S~iap. v~~hich ~s the other re5taurant lacated on the propert~~, is open for
breakfast and lunch onlv and closes at 2 00 p m There wil~ be no conflzct bet«~een the hours
of operataon of the two restaurants The valet parkmg will be pro~~~ded at the Pritikzn loF
lacated at the carner of Ocean A~~enue and Pico Boulevard The Pr~tikin ~ot is open 24 hours
per day and ~;~ill ha~~e the greatest amount of spaces available on weekends Szaff has
included a conduion (Condition #61}, ti~~hich requires the applicant to pro~ide verificat~on of a
lease agreement with Pritikin or other private parking area to use their lot
There is ~~er~~ little a~Tailable garkang m the immedtate area There is permit parking located
on the north side of ~'icente Terrace «~rth approxrmate~~~ la park~ng spaces available There
ha~,:e been 2~ applicat~on~ recei~ed for per~nits on th~s street wzth u~ to 5 permits permrtted
per appIication Staff is concerned about the impacts on street parkmg which v~~ould be
eliminated b~~ ~~alet parking and mciuded Condit~on #bl Further. staff has ~ncluded
Condition #b0 to rec~u~re the ~~alet parking ta be free af charge to patrons of the restaurant in
order to enc~urage use of the valet service
Staff believes that a parkmg ~~ariance is warranted m that a number of patrons ~~vill be lakels~
to Z~~alk to the restaurant from one of the three ma~or hotels lacated nearh~~ or the Ci~~ic
Center or arri~~e b~~ taxi For those patrans who will drive. tttere is suffici~nt parking
azrariabte at the Prrtikin Center parking lot to pro~~ide the additronal three requ~red spaces, as
~z~ell as an~~ other customer parking
~'eh~cular Cireulat~on
The applicant has indicated that access to the parking lot ~;~ill be frorn ~cean Avenue For
~~ehicle parkin~ offsite, ~~alet dn~~ers «~ill ex~t the lot east ~~~a Vicente Place North alleti~, turn
right onto Ocean Ac~enue, right on Pica Boulevard and enter the Pritikin lat The return to
the restaurant parking lat wi~l retrace the same pattern Staff has included Condiuon #54 to
ensure that no ~~aIet traffic ~~ill travel on Vicente Terrace or east of the subJect propert;~~ linz
on `'icente Place l~orth Staff has also ~ncluded in Cond~tion #54, the grovis~on that no
deli~rers~ vehicles shall travel an Vicente Terraee or east of the sub~ect property ~ine an
Vicente Terrace North
Alcohal L~censes In Area
VVithin a S00' radius of the site, there is ane T~pe-41 {On-Sale Beer and Wine for Bona Fide
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Put~lic Eating Place) alcohoi license. t~vo Tyge-47 (On-SaIe General for Bona Fide Publjc
Eatma Place) alcohol lrcense, and one Type-48 (On-Sale General For Public Prem~se) alcahol
license These include the follawmg
Tvne-~1 fOn-Sale Beer and W1ne for Public Eatin~ Place~
Establi~tunent Seats Address
Sharelme GriIl Restaurant 96 1819 Ocean A~~enue
T_y~~-47 {On-Sale General for Bona Fide Public Eatin~ Placel
Estat~lishment Seats Address
Shutters On The Beach Qne Pico Boule~~ard
Santa Mon~ca Crv~c Auditorium NA 1855 Mam Street
Tvne-48 (On-Saie General For Publrc Premise)
Establishment Seats ACIC~.F~SS
Pacific Shores Hotel NA 1819 Ocean A~enue
Po~ice Cornments
The Poltce Deparzment does not oppose th~ issuance of a Type-47 (on-Sate Generat for Bana
Fide Pub~ic Eating Place) a1coY~ol license at this location if there is no Iiti~e eniertarnment and
there are adequate measures taken to soundproof the ~ocation b3~ use of double door entrance
and insuiated w~ndows Staff belfeves that rhe appl~cant's proposal to soundproof the front
doorwa~~ v~~i1t have an affect similar to double doors These pro~isions are included as
Condiuons #57 and #58
The Pol~ce Department does have some concerns regarc~inQ the amount of an-site park~ng
avazlable and patential obctruction of the alley, possib~y causing a traffic hazard Condition
#56 requires that all loading and unloa~ing of passen~ers shall take place onsite rather than ~n
the alley and Condition #54 requires the valet drivers ta drrve on the alley only as far west as
the edge of the sub~ect property
The Palice ha~~e alsa requested ti~at absalutel~.~ no dining, drir~mg ar waiting by patrons shall
be perfnitted m the parking lot The Policc nave su~gested that if the restaurant is full,
patrons must be turned awa~~ and not perm~tted to wa2t outside the restaurant until seatmg ~s
available This request is mcluded as Condiuon #55
The Police Department does not apgose the addition of an alcohol permit in this area
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eon~~US~an
The RVC D~strict is intended to protect the exisung residential m~x in the area v~lhi~e
pro~ldmg for the concentrat~an and expan~ian of coastal-relate~, ladg~ng, dirung, recreation,
and shopping r~eeds of tourists and athers in the oceanfrant area The recommended
conditions of approti~ai mclude many of the concerns af the ad~acent neiahbors and wilI limit
the restaurant hours in order to preserve tne mtegrit}~ and character of the neighbarhood
The fact that this use requires a CUP pror•ides an opport~nit~~ ta m~ngate potential impacts
which could not be a<<ailable for same other types of uses For example, a con4~enience
market r~~ithout alcohol sales v~rould not require a CUP and couid operate 2~ hours per da~~
The addition of a restaurant within walking distance of three hateis. and the C~vic Center w~ll
henefit the ~.r~sitor camponent af the area as des~gnated in t~e Zomn~ Qrd~nance and t~e
General Plan The add~t~on of this restaurant w211 contribute to revitalizing an area of Ocean
A~~enue v~hich has been mark~d ~n recent ~~ears b~~ vacan~ b~ild~n~s and lots ~'Vith the
recommended condrt~ons of appro~~al. the use u~ill be compatible v~rith the surraunding
neighborhood
~tECQ~~MENDATIOI~
It is recommended that the Pla~ina Cammission apprn~e Canditiona~ Use Permrt 95-022.
and S-ar~ance 95-022, sub~ect to the followin~ findmgs and cond~uons
CONDITIONAL USE PERMIT FINDINGS
1 The praposed use ~s one conditionail~r perm~tted «~ithm the sub~ect dfstrict and
camplies with all of the applicable provisions of the "Cit~~ of Santa Momca
Comprehensive Land Use and Zonin~ Ordinance", m that the Zon~ng Ordrnance
cond~uonall~~ per~n~ts an alcohal license in con}unct~o~ with a foad service is
condit~onally permitted in the RVC district
2 The progosed use would not ~mpair the mtegrity and character of the dlstrict rn
wh~ch it is to be established or located, in that the RVC d~strict is intended to protect
the existing res1dentlaI rnix in the area while provtc~mg far the concentration and
expansion of coastal related, ladging, dimng and recreauon needs of tourFSts and
others in the oceanfrant area and the cond~uons of approval such as the hours of
a~eration Iimi~ations, trash and delivery haurs lunitatians, and valet garking
c~rculation plan w~il ensure that the restaurant's operation wili not impact the
surrounding ne~ghborhoad
3 The sub~ect parcel is physically suitable for the type of land use being propased, m
that the parcel Zs a standard lot w~ith no unusual characteristi~s
- 10 - ~~ ~.~~
4 The praposed use is eompatible «~~th any of the land uses presentl~= on the sub~ect
parcel if the present land uses are ta remain, ;n that the issuance of an alcohoi
l~cense for a ne«~ restaurant is compat~ble with the ex~sting coffee shop m that the
hours of o~erat~an are daffereni and do not canflict
~ The proposed use would be compatible w~th existzng and perrnzssible land uses with~n
the district and ~he general area m ti;~hzch the propased use is to be located, in that
the zon~na of the site permtts restaurants and the ~ssuance of an alcohol license ~~~ill
be incidental to the primarF~ food ser~l~ce establishment and the condinans s~ch as the
sound baffle requirements and valet parkma opera[ion requirements «~ill limFt the
im~act on the surrounding neighborhood
6 There are adequate pro~~isions for water, samtanon. and pubIic uciIiues and services
to ensure that the groposed use would nat be detrimental to public health an~ safet~~ ,
in that the site is located in an urbantzed area adequately served by existing
mfrastructure. and the Countj~ Health Department wilI msgect the premises ta ensure
campat~bilcty with health standards
7 Publ~c access to the praposed use ~iIl be adequate. m that the site ~s ~~ithin walkxna
distance of three ma~or hatels and the Civic Center and is serviced by~ bus lines an
Ocean A~fenue and Pico Boulevard, which is located one biock away
8 The physical location ar placemeni of the use on the site ~s compatible wrth and
relates harmon~ousl}~ to the surroundmg ne~ghborhood. fn that the progosed alcohol
Iicense will be far an allo~ved restaurant whlch ~s consastent «Tith the RVC d~str~ct
zoning and tl~at tlze condiuons of appro~~al hmiting restaurant hours. trash dumpmg
and pick up, and restaurant deliver~es wiIl protect tne surroundmg res~dential
nei6hborhood from restaurant impacts
9 The proposed use is cons~stent with the gQals, ob~ectives, and policies of the General
Plan, m that the Land tise Element of the General Plan, spec~ficalI~~ or~e~t~~re 1 ~ of
the 4ceanfront District is ta e~:pand ~~tsitar accommodat~ons and related uses ~n the
Oceanfront area, while protecting the ~xistmg residentral m~x
1Q The proposed use v~~ould not be detri~nental tn the public interest, health, safet~~,
con~lemence. or general weffare. fn that the proposed use is consistent with the
Zonin~ Ordinance, and the Land lise Element of the General Plan, in that the
proposed condittons ltmrt noise and odors to the netQ~borhaod and prevent parkin~
impacts b}~ requiring valet parkinQ free to patrons at the site and at a nearhy private
lot
11 The praposed use conforms precrsely to the applicable performance standards
contazned in Subehapter 9 04 12 of the City of Santa ~onica Comprehens~ve Land
Use and Zanmg Ord~nance. in that no perforniance standard permit is required
-~1- s~+~ 1~u
12 The proposed use ~~ill not result ~n an averconcentratian of such uses in the
immediate v~clmtti~. ~n that the proposed alcohol license v~~ill be for a restaurant
a~~thoui entertainment, and that t~e area ~s in the RVC (Residential-Visitors
Commercial) District which is frequented by large numbers of local residents as well
as office ~varkers, sh~ppers, and r~isitors €rom outstde the Cit~~ Furthermore, this
t}°pe of outlet has not contributed sigmficantly to alcohol relate~ problerr~s yn the
area
ALCOHOL OLYTLET FiI~TDINGS
1 The propased use and iacation are in accardance with good zoning practice, m the
publzc fnterest, and necessary that substantial ~ustice be dane m that the alcohol
license will be for a restaurant «~ith no separate har area or entertainment
2 The praposed use w~ill not ad~~ersel~~ affect the welfare of nelghborhood resrdents in a
si~nificant manner in that the use t~vill be located in a mixed use area and the hours
of alcohol ser~~ice and restaurant operation wilI be limited
3 The praposed use will not contr~bute to an undue concentrauon of alcaho~ outle~s ~n
the area in that a restaurant with no separate bar area or entertamment is not
typicall~~ considered ta contribute to ah}ectionable prablems associated w~th alcohoi
outlets, there are onl~~ four other alcohoI outlets lacated within 500 feet of the sub~ect
propert~~. t~ree af v~~hich are mcidental to hotel uses. and that the area is in a portron
~f Santa h'Ionica ti~~hich is frequented by local res~dents as w~ell as office workers, and
shoppers Furthermore, th~s type af out~et has not contrib~ted si~mficantly ta
alcohol related problems ~n the area
~ The proposed use ~~ill not detrimentall~ affect nearb}~ neighborhaods cons~dering the
dista~ce of the atcohol outlet to residential bui~din~s, churches. schoals, hosprtals,
play~rounds, parks, and other exisnng alcoho~ outlets in that the condit~ons for
appro~lal, such as the reyuirement that the establishment operate with na separate bar
area ar entertainment, and that the hours ~.vhen alcohol ~~f11 be avai~able will be
limited to 6 00 pm to 10 00 pm durin~ rhe week and 6 00 pm to 11.00 pm on the
weekends. will minimize the potential affect on the resident~al uses zn the vicirun~
~ The proposed use is compatible with existin~ and potential uses withm the general
area m that the restaurant is in a mixed use d~strict, and a restaurant with an alcohol
l~cense is compatible with permitted visitor servmg uses and that, with the condiuons
of approval limiting restauranC hours and controllmg potential nazse impacts, is also
campatible wrth surraunc~ing resident~al uses
6 Traffic and parking cangesuon will not result from the proposed use m that 12
parking spaces are provided onsite, 15 park~ng spaces are required and ~alet parkmg
ii !~ ~ ~. ~
- 12 -
free to customers ~~~lI be prov~ded at an offsue pri~~ate lot and no valet street park~n~
~;~ill be perm~tted
7 The public health, safetr , and general «jelfare are pratected in that the proJe~t is
consistent ~~vith the provisions of the Zoning Ordznance, and the Land Use Element of
the General Plan ~~hen both encourage srisitt~r ser4~ing uses ~n the R`~C and
Oceanfront drstricts
8 ?~o harm to ad~acent properties uriIl result in that the conditions of approval ~;~ilI
ensure that the estab~tshment operates as a restaurant with na separate bar area or
entertamment
9 The proposed use ~s cons2stent with the ob~ectives of the General Plan zn that the
Land Use Element of the General Plan designates the area as Oceanfront Spec~al
D~strzct where visitor accommodations and related uses ma~~ be expanded ~-hile
protectmg the existtng res~dential mix
VARIANGE FII~ DINGS
1 There are spec~al circumstances ar except~onal characteristics applieable to the
propert~ involved, fncluding size. shape, tapobrap~iy, lflcax~on, or surrounding5, or to
the intended use or develc~pment of the property that do not apply~ to o~her propert~es
in the vicin~t~ under an identical zo~ng classificat~on, in that the property ~s lo~ated
within v~~alkmg distance of three ma~or hotels and the Civ~c Center and in that the
R'4TC Distriet is antended to pra~~ide for the concentration and expansion flf coastal
related. dinm~ neet~s of taurists and others in t~e oceanfront area
2 The grantmg of such variance u-il1 not be detrimental or in~urious to the property or
improvements in the general vicinit}~ and district in ~vnich the property zs located, m
that parking for the restaurant ~;~ill be provided on-site or will be valet parked at the
Pritikin 1ot and na street parking wiIl be removed or used for the restaurant use.
3 The strict apglication of the pro~~isions of this Chapter would result m practical
difficult~es or unnecessary hardships, not fncluding economic difficulties or economic
hardships. in that there is not suf~cient area ~n the parking lat eo pravide all 1~
requ~red par~ing spaces ansite and adequate park~ng can be pro~tded on the nearb~
Pri~ikm lot
4 The ~rant~ng of a~~ar~ance will not be contrar~~ to ar 1n conflXCt with the general
putposes and intent of this Chapter, or to the ~oals, ob~ectn~es and policies of the
General Plan, in ti~at the Objeciive 1 ~ of the Dceanfront Special District states that
~~isttor related uses shali be expanded ~;~hzle protecting the existing residential mix
and approval of the ~~ariance would permit a ~isitor servmg restaurant while
pro~lidin~ parkm~ at the Priukin lot and not removing any sueet parkin~
- 13 -
~~ ~1~
~ The ~~ariance would nat zmpa~r the ~ntegnn' and character of the distnct m ti~~hich it
~s to be iocated, in that there will be valet parkin~ provided w~hich v~~ill occur or~-site
or at the Prrtikm lot through a lease agreement and wxtl not remove any street
parkina
6 The sub~ect site is ph~-sicall~- suttable for the proposed var~ance. ~n that t~z~el~re
parking ~paces can be provided onsite and the rematnder wtll be secured off s~te
through a lease agreement
7 There are adequate pro~isions far ~t~ater. sanitation, and public util~tres and ser~-~ces
to ensure that the praposed variance v~rould not be detr~mental to publie health and
safet~~. ~n thaE the site ~s an e~tstin6 structure u=hich ts part of the urban ~nfill and
canditians of appro~ral ~~liIl control ~~ehicular access ta and from the srte, and u~alf
prohibit use of ~he a~ie}~ ad~acent to the residennal uses b~~ valet dr~vers
8 There ~vill be adequate prov~sians for public access to serr~e the subaect variance
proposal, ~n that there are bus lines «hich serve Ocean Avenue and Pico boule~~ard
~c~hich is one block awa~~
~
9 The strict applicat~on of the provisions of Chapter 1D of the Citti~ of Santa Momca
Comprehensive Land Use and Zonin~ Ordinance would result in unreasonable
deprn-ation of the use or en~o~~ment of the property~. zn that adequate parkin~ cannot
be pro~~ided for a restaurant withou[ a~fariance
CO?v'DITIONS OF APPROVAL
1 This appraval 1s for those plans dated Januar<< 3, 1996, a copy of ~vhich shaIl be
maintained in the ffles of the Planning and Zon~ng Drv~sion Pro~ect development
shall be consistent with such plans, except as otherwise specified m thes~ canditians
of appro~~al
2 The Plans shali compl~~ v~lith all other pro~risions of Chapter 1, Article IX of the
~~ur~icipal Code, (Zonmg Ordmance} and all other pertinent ordrnances and General
Plan pol~cies af the C~t}~ of Santa Momca
3 F~nal parkang lot layout and specifications shall be subject to ihe rev~ew and appro~al
of the Parking and Traffic Engineer
Architectural Revie~~~ Board
~ Pr~ar to consideration of the pro~ect by the Architectural Revie~~ Board, che appl~cant
shall rev~ew disabled access requirements v~~rth the Building and Safety Divis~on and
make an~= necessary ehanges m the pro~eet design to ach~eve eomphance tvrth such
requirements The Architectural Review BoarcE. m its re~jie~v, shall pay particular
- 14 - ~1 !r .~ ~ 3
attention to the aesthetic. landscap~ng. and se~~ack impac~s of an~' ramps or other
features necessitated b~~ accessib~~~ti~ requirements
5 Construct~on period signa~e shall bz subject ta the appro~al of the Architectural
Reviev~~ Baard
6 Plans for final desi6n. landscapmg, screening, trash enclosur~s. and signage shalI be
sub}ect to revzev~~ and apgroval b}° the Archttectural Re~~ie~~~ Board.
7 The Architecnjral Revie~;• Board, in its ret~~ie~~, shall pa~: particular attention to the
pro~ect's pedestrian orientation and amenities, scale and art~culation of ~esian
elements, exterior calars. textures and materials, i~~mdaw freatment, glazinQ. and
landscapin~
8 Landscapin~ plans shall compl}~ wrth Part 9 04 10 a4 {Landscapin~ Standards) of the
zomng ordinance includmg use of water-conservmg iandscapinQ materials, ~andscape
maintenance and ather standards contained m the Subchapter
9 A landscapm~ plan shall be submitteti to ARB which rest~res and impro~es the
exrsting ~andscaped areas and provides addit~anal landscaped areas in the parkmg lot
~vithout reducing the number of parking spaces below that required b~ ihe Zoning
Ordinance An` reeised parkZng layout shal~ be appro~ed b}~ the Parkmg and Traffic
Engmeer
10 Refuse areas, stora~e areas and mechamcal equ~pment shall screened in accordance
~.~ith SI~~~VIC Section 9 04 1Q 42 130-90 D~ 14 02 150 Refuse areas shall be of a
size adequate to meet on-site need, includmg recyclin~ The Arch~tectural Review~
Board in rts re~~ie«~ shall pay particular attention to the screen~ng of such areas and
equipment An~~ rooftop mechanfcal equipment shalI be min~mized in hetght and
area, and shall be lacated m such a r~~a~~ as to rninimize no~se and ~~isual impacts to
surrounding properties Unless otherw~ise approved b~' the Archftectural Review
Board. rooftop mechanical ec~uipment shail be located at least five feet from the edge
of the raof.
Canstruction
11 Unless otherv~ ise approved b~~ the Department of Envzronmentai and P~biic Works
Managemer~t, all sidev~~alks shall be kept clear and passable durin~ the grad~n~ and
construction phase of the pro~ect.
12 Sidewalks, curbs, wtters, pavzn~ and drivev~~ays which need rep~acing or rema~al as
a resuit of the pro~ect as deterrnmed by the Department of Department af
EnvironmentaI and Publ~c Warks Management shall be reconstructed to the
satisfactian of the Department of En~~~ranmental and Public Warks Management
- 15 - ~M ~~.~
Appro~al fcr this work shaIl be obtained from the Department of En~lironmental and
Public u'orks Mana~ement prior to Zssuance of the building perm~is
I3 Vehicles ha~iing dirt or other construcuon debris from the site shall cover anjr apen
~oad with a tarpaulin or ottrer secure covering ta minunize dust emissions
14 Street trees shail be maintained, reiocated or provided as requ~red in a manner
cons~stent w~ith the Cit~~'s Tree Code (~rd 1242 CCS). per the speczficat~ons af the
Department af Comm~mtE~ and Gultural Services and the Departrnent of
Enaironmental and Ptiblic Works Management :Vo street tree shall be remo~~ed
withau~ the approval of the Department of Communit~~ and Cultural Services
1 S A construcuon period mitigat~on plan shall be prepared lay the app~icant for approti~al
by the Department of Enti~ironn~ental and PubIic Works Management prior to is-
suance of a buildin~ permit '~he appro~ed mi~igatyon plan shall be posted on the site
for the durat~on of the pro~ect construction and shall be produced upon request As
applicabie, this plan shall 1) Specify the names, addresses, telephone numbers and
~usiness l~cense numbers of all contractors and subcontractors as «ell as the
de~leloper and architect. 2) Describe how demolition of an~~ existing structures is to
be accompIished, 3) Indfcate where arty cranes are to be located for
erection/construction. 4) Descrzbe how much of the publ~c street, alleywas~, or
sidewalk is proposed to be used in con~unct~on with construction, 5) Set farth the
extent and nature of any pile-drivinff operations, 6} Descrrbe the length and number
of an~~ uebacks ~hich must extend under the property of ot~er persons, 7} Specif~~
the nature and extent of an~ dewaterfng and its effect on any ad~acent bufldin~s. 8}
Describe antscipated construction-related truck routes, number of truck trips, hours
of haulzna and park~ng locat~an. 9} Specif~ the nature and extent of an}r heFicopter
hauling, lq) State whether any canstruction aCL1F'It}' be~ond normallv perm~tted
ha~rs is proposed. 11) Describe any prapased constructian naise mztigation
measures, 12} Describe construction-per~od securrty measures includmg any fencing,
lightin~, and security~ personnel, 13)Prov;de a draznage plan, 14) Pro~+ide a
canstruct~on-periad parkina plan wh~ch shall mimm~ze use of publie streets far
pari~~n6. 15) Lfst a des~gnated on-site construction rt~ana~er
16 A sign sha~l be posted on ttae prapert}~ in a manner consisten~ with the pubiic hearkng
sign requirements «~hich shall identlf}° the address and phone number of the owner
andior applicant for the purposes of respondmg ta quesnons and complaints durina
the construct~an per~od Said sign sha~~ also ~ndicate the hours of permiss~ble
construct~on work
17 A cop~ of these conditions sha11 be posted ~n an easily ~ris~ble and accessible location
at all times during construction at the pro~ect szte The pages shall be laminated or
other~~zse protected to ensure durabrluv of the copyr
~~ 1~ ~
_ 1~ _
Env~ronmental Miti~atian
18 Ultra-lo~' flow plumbmg fixtures are required an aIl new• develop~nent and
remodelina v~~here plumbing is to be added (Ma~zmum 1 6 gallon tailets and 1 0
Qal~on urmals and lo~~~ flo~;~ shower head )
19 Parking areas and stnictures and other facilitaes generating «~astewaEer ~.c~rth
si~n~ficant oil and grease content are required to pretreat these w~astes before
dzschar~ing to the Cit~` 5~l'~'er or storm drain s~~stem Pretreatment w~ll require that a
clarifier or oill«-arer separator be installed and mamtained on s~te In cases ~~~here
settleable solids are present (or expected} ~n greater amounts than flaatable oil and
grease, a clarifier untt will l~e required In cases ~~here the apposite ~~raste
characteristics are present, an oiliwat.er separator wiih automauc oil draw-off v~rill be
required instead The Enviranmental and PubIic Works Management Department
w~ll set specf~c requ~rements BuFldmg Permit plans shall shov~~ the requireci
installation
M~scellaneous Conditions
20 The buildfna address shall be painted on the roof of the building and shall measure
four feet b5~ exght feet (32 square feet}
21 If an~~ archaeoiogical remains are uncovered durmg exca~ation or construction, v~ork
in the affected area shall be suspended and a recogr~zed special~st sha11 be contacted
to conduct a survey of the affected area at prolect's o«-ner's expense A
determinatton shall then be made b~ the Director of Plannm~ to determme the
signzf~cance af the surti~ey fmdings and appropriate act~ons and requirements, Ff an~j.
to address such findin~s
22 Street andior aliey lzghtin~ shall be provided on public r;ghts af way ad~acent to the
pro~ect if and as needed per the specf~catians and with the appro~ai of the
Department of General Services
?3 The operatfon shall at all zimes be conducted m a manner not detrimental to
surrounding propert~es or residents b~r reasan of lights, noise, activrties, parking, or
other acuons
2~ All del~~=eries and trash dumpmg shall be conducted between 8 40 am and 1Q Q~ pm
Trash containers shall be secured v~rth locks All deliveries shall be from the garicm~
area with no deliveries permitted from Vicente Place or Ocean Avenue
25 Mechantca~ equipment shall not be located on the side of any building which is
ad~acent to a residential building on the ad~aining lot Roof locauons may be used
when the mechamcal equipment ~s snstalIed w~thm a soundrated parapet enclos~re
~s -~ 1 ~ 6
-~~-
2b Final appra~~al af an}° mechamcal equipment anscaltatian will require a noise test in
compliance v~~ith S'~~MC Sectron 4 1? 04~ Equ~pment for the test shall be pro~~ided
b}' the owner or contractor and the test shall be conducted b~ the owner or
contractor A cop}~ of the noise test results on mechamcal equipment shall be
submrtced to the Cammunitv Noise Officer for review to ensure that noise le~els do
not exceed maximum allowable levels for the applFCable noise zone
27 Final building plans subm~tted for approval of a buildmg permit shall include on the
plans a list of aIl permanent mechamcal equipment to be piaced outdoors and alI
perznanent rnechantcal equipment to be placed mdoors which ma~~ be heard o~tdoors
28 Pursuant to Municzpal Code Section 9 ~~ ld 0? 420, a si~n shail be posced statina
that the establis~unent is limited to 74 seats The si~n shail be a minimum of iwei~~e
~nches b~~ eighteen inches. and shall be posted b<< the restaurant entrance of ather
such locat~on as required by the Zorung Administrator
~4'aliditti~ of Permits
29 In the even~ perm~ttee violates or fai~s to cotnplS~ with an~~ condit~ons of approval af
this permit, no further permits, licenses, approvals or certificates of occupancy shall
be issued until such ~~iolation has been full~ remedied
30 ~T~r~thin ten days of Planrung and Zoning Di~lision transmittal of the approved
Statement of Qfficial Action, pra~ect appI~cant shall si~n and return a cop}r of the
Statement of Offrcial Action prepared by the Planning and Zaning Drvis~on, agreeing
to the Cond~uons of appral a] an~ acknowledamg that failure to compl}F wzth such
conditions shall constitute grounds for potential revacanon of the perm~t approval
Bti~ signing same, applicant shall not thereb~~ wa~r~e an~~ legal rights applicant ma~~
passess regarding said candiuons The signed Statement shall be returned to the
Plannmg and Zonin~ Di~~sion Fa~l~re to cor~rip~y w~th this condit~on may constitute
grounds for potenual permit revocation
31 Within thirt~ (30j da~~s after final approti~al of the pro~ect, a sign shall be posted on
site stating the date and nanzre of the approval The si~n shall be posted in
accardance with the Zanmg Adtninistrator ~~~de4fnes and shall remain m place untit
a buildtnQ permit is issued for the pro~ect The sign shall be remo~ed prornptl~~
«~hen a buiIdin~ permit is issued far the pro~ect or upon expiratxon of the Candltional
U~e Permit
ALCOHOL OL?TLET CONDITIONS
32 The primar~~ use of the }~remises shall be for sit-down service ta patrons Alcohol
shall not be ser~~ed to persons except those mtending to purchase meals
k4 ~ ~. ~ i
- 18 -
33 Parkmg lat illummation shall be pror~~ded and maintained Lighting shall be
desiQned to mimmize glare irripacts ta ad~acent reszdentlal umts
34 The o~~~ner shall prohibit Ioitermg in the parkir~g area by taoth patrons and ~alet
attendan~s and shall control no~sy pairans leavmg the restaurant
35 The premises shail maintain a k~tchen or faod-serving area in v~-h~ch a variet~~ of food
~s prepared and cooked on the prem~ses
36 The premises shaIl serve food to patrons during all hours the establis~unent is apen
for custamers
37 Seaana arran~ements for sit-dow~n patrons shall not exceed 74 seats There sl~all be
no separate bar area
38 Take out service 5ha11 he only mcidental to the pr~mary sit-do~n use
39 I~Tn alcohoIic beveraae shall be sold for consumpt~on be}fond the premises
40 No dancing or li~e entertainment shall be permitted on the premises
~ 1 There shall be no outdoor dining area permi~ted without amendment of thzs approval
42 The germitted haurs of operauan are b 00 pm to 10 pm, Tuesday-Thursda~T, and
b_00 pm to 11 pm. Frida}~ and Saturday The on-sFZe park~ng area shall be closed to
in-coming vehicles consistent with these hours of operation
43 Przor to issuan~e of a Certi~cate of O~cupancy, ar a business l~cense. as applicable,
a securfty~ plan shall be submitted to the Chief of PoI~ce for rev~ew and approval
The plan shall address both physical and operatianal securit~~ issues
44 Prior to issuance of a Certificate of Occupancy, or a b~siness license, as applicable,
the operator shall submit a plan far appro~al by the Director of Plann~ng regardmg
employee alcohol a~~~arene~s trammg programs and policies The plan shall outlme a
mandatory alcohal au~areness tra~n~ng program far ati employees having contact w~th
the public and shall state management' s policies address~ng alcohfll cansumpt~on and
mebriatian The operator shall prov~de Cit;~~ wrth an annual compliance report
re~ardin~ compliance 4~~ith this condition This gro~ect shall be sub~ect to any future
Cit~-w~de alcohoi awareness training program condition affectmg s~milar
establishments The plan shall alsa set forth a"designated driver" program, v~~hich
shall be offered t~y the operator of the estabirshment to patrons
45 Minor amendments to the pians shall be subaect to approval b}~ the Director of
Plaruung An mcrease of mare than 10 ~ of the square fo~ta~e or a sigmftcant
~4 ~ 1 ~. $
- 19 -
change m the approved concept shall be sub~ect to Plar~ng Commission Rz~~le~t~
Construcuon shall be in substantial conformance w~th the plans submitted or as
rnodified b~• the Plann~n~ Comm2ssion. ArchitecruraI Revzew Board, or Director of
Plannin~ No expansiom m ~umber of seats, mtensrty of aperatian. or outdoor areas
shalI occur ~~ithout pr~or approval from the Cit}~ of Santa Mamca and 5tate ABC
46 Except for speczal e~~ents, alcohol shall not be ser~:ed in ant> dispasable container
such as di5posable plast~c or gaper cups
47 ?~ o ~ ideo or other amusement games shall be perm~tted on the premises
48 An~~ mmimum purchase requirement may be satzsfied b~~ the purchase of bev~rages
or faod
49 N~ more than 3S 9 of totaI gross revenues per ~~ear snaIl be from alcohol saies The
operator shaIl rnaxntam records of grass re~~enue sources wh~ch shall be a~Jailable to
the C~t~~ of Santa IVIor2rca and the State AB~ upon request
50 W~thin thut~~ (30} da~~s from ~ate of the appro~~al of the Statement of Official Act~on.
the applicant shall provide a cops: af the a~proved Statement af Official Actfon for
this pro~ect to the local affice af the State Alcahalic Bevera~e Contral department
51_ ThiS perm~t shall exgLre 18 rt~onths from the effective date of aggro~al unless
reqwred ABC permats are obtained One ane-~~ear extension af the one year per~ad
ma~~ be permitted if approved ~~~ the Director of Plamm~g Appl~canz is on not~ce
that an extension may not be granted if development standards reievant to the pro~ect
ha~~e changed since pro~ect approval
52 Applicant is on notice that a~l temporarti: si~nage is subject to the restrict~ons of the
City sign ordinance
~3 An~ nev~~ restaurant at the s~te with fe~~er than SD seats capacity shall ~nstall a grease
int~rceptor «~ith minimum 750 gallons static holding capacit~~ in order to pretreat
sewered greas~ Facilit~es ~viin greater than SO seats are required to mstall an
interceptor w~th 100d galIans mimmum holdin~ capacity The Environmental and
Public V~Tarks Management Department may madif~~ the abo~e requ~rements an~}t for
good cause SpecificaIIy, the fac~l~ty rnust demanstrate to the satisfaction of the
Industrial Waste Secnon and Bu2ld~ng and Safety DivisiQn thaL intercegtor installation
is not feasible at the site in quest~an In such cases where moc~if~canons are granted,
grease trags «-ili be required m the place of an interceptor Building Permzt plans
shall sha«~ the required mstailation
~~ ~~~
-20-
Snecial Conditions
~~ IV'o vatet drivers shall utiIize Vicente Terrace nar Vicente Terrace I~orth aliev ~;~est
of the sub~ect site The circulatian plan for ~~alet parking shall have drrvers ex~t the
onsite parking via the allev, turn r~ght on Ocean, and right on Pico and right ~nto tk~e
Pritikm lot The return shal~ reverse the pattern
55 No patrons shall be permitte~ to wa~t outside the restaurant In the e~~ent the
restauran~ ~s full. arri~ing patrons shalI not b~ permrtted ta w~axt outside the
restaurant until seatsng is a~ailable Restaurant patrons preparing to lea~~e shall wait
ins~de the restaurant until their vehicle is aw~a~lahle Restaurant staff shall notifti°
patrons «~hen the~r veh~cie is ready
56 There shall be no laadina ar unloadmg of passengers in the alle~~ All passen~er
loading or unloadzna shall occur in the parking lot
57 All ~;•indov~~s at the rear of the restaurant shall be dual glazed
.
58 The daars at the rear of the restaurant will he made of th~ck, 5ound res~stant
materaals and will be kept c~osed at all times The s~de emergency door wf1I ~ae kept
closed at all umes, except in an emergency
59 The front door shall hajre a mo~~eable door/sound baffl~ to direct all sounds and
patrons away from the res~dences and Eowards Ocean Avenue Sound absorbin~
materials (e g curtams) shall be hung mszde the frant door to mfn~nize noise from
arrivtng and departing custamers
60 Valet parking shall be prov~ded free of charge to patrons af the restaurant
61 Valet parking shall occur onl}~ at a pri~~ate parkfng lot There shall be no valet
parkin~ permuted on anv street ar alle}~ uniess appro~~ed by the Parking and Traffic
Engineer and the Director of Plannmg The satmQ, hours, and nvmber af on-sueet
~~alet spaces shall be carefull~~ e~aluated in re~ards to noise impacts to residential
uses and Ioss of on-street parking spaces
62 Pr~or ta issuance of an~~ bu~ldmg perrn~ts, the appltcant shali provide a lease
agreement demonstranng pro~~~s~on of at least three off-site parkmg spaces which are
lacated «ithin 504 feet of the sub}ect site Should the spaces referenced at the trrne a
Buildmg Permrt is issued subsequently be no lon~er avai~able. the operator sh.all
submxt proof to the Directar of Planning that at least three spaces at another s~te
t~~ithm 540 feet have been secured zo meet this condition
63 The park~ng lat shall b~ posted ~vith ~onsgicuous si~nage ~autloning patrans to be
respectfiil of nerghbors b}~ a~~oiding unnecessary noise
- 21 - ~~' 1~~
6~ A21 restauranz staff ti}~~11 be trained to cautton late departzng customers to be respectful
of ner~hbors bv avoiding unnecessar~~ noise
55 A~l guest receipts w°il1 include a wr~tten v~arn~ng to cautian patrons to avoid
unnecessarv noise outside the restaurant
66 Prior to issuance of a building permit. the appl~cant sh~ll send certified lerters to the
o~~~ners of abutting property ~~Fth an offer to double-glaze windows factn~ the
restaurant. and indicate that a response is requ~red r~.jithin 4~ days A cop~~ of each
letter shaIl be sent to the C~t~~ For anti~ property owner requesung this measure, the
wark shail be completed and ~~erified h~~ a Cit~~ inspection prior to ~ssuance of a
Certificate of Occupanct~
67 An~~ firep~ace installed on the site shall be equipped with a smake filtration s~ stern to
mimmize this t~~pe of emyssion, ~jentina systems from the workmg area shall bz
equ~pped with smoke and odor filtration systems
Prepared by- Susan I~eal~~ Keene. A~tmg Assoc~ate P~anner
Attachments
A Munjc~pal Code and General PIan Canfarmance
B :vot~ce of Public Hearing
C Radius and Locatian Map
D Letters from Stephan~e Barbanell to staff dated 11/17!95 and i2:'7!9~ m opposit~on to
proposal
E Pet~tions requestXn~ specific conditions from residents of V~cente and Seavie~~ Terraces
dated 11!t7I95. 11i20/95. I1'2L`95 and 12!1319~
F Letters from applacant's attorneti~, Jonathan Horne, to staff, datec~ 11i28/95 and
12'13i9~, ~~~~th enclosures from 3 B Consult~ng Associates. dated 12i1219S and
En~~ironrnental Comfort Sy~Stems, Inc , dated 1211 L~95
G I.etter to Plannmg Commission fr~m Elatne Anderson, ~n support of proposal. dated
December 1, 1995
H Phatographs of Site and Surrnunding Propernes
I Plat Plan, Floar Plans and Elevat~ons
SHK
f ,planishar~~pc";strptlcup9502~
~F 1Zi
- 22 -
ATTACH~iEI~TT-A
MUi~ICIPAL CODE ~ND GE~TERAL PLAN CONFOR'VIAN~`F
L n s
Cate~or~' Element Mumcinal Cnde
Perrrtitted Use Ocean- Restaurant with
frant alcoho~ perm2tted
Special with appro~al of
Dtstrict Condiuonal Use Permit
Park~ng Space NumUer ~T!A 15 required
Trash Area Ni`A Trash enclosure
~~~th m~mmum 5-8'
solid waIis and
gate is required
P~p~ect
74 seat restaurant
1? proposed
Trash enclosure to be
prov~ded prior to
ARB re~iew
- 23 - ~~` 1??
A ~`TA CHME~T' ~
~~ 123
CITY OF SANTA MONICA
PLANNING COMMISSION
STATEMENT OF 4FFICIAL
ACTI4N
PROJECT
CASE I~TUViBER Condrtional Use Perm~t 95-022, Var~ance 9~-029
LOCATION 1810 Ocean Avenue, RVC
APPLICANT Bruce Marder
CASE PLANNER Susan Heal~ Keene. Actmg Associate Planner
REQUEST To a11ow tssuance of a Type-~7 (On-Sale Genera~ Alcohol
License for a Bona Fide Public Eat~ng Place) alcohol license
to be used in con~unction with a ne~~' 1,79~ 5 square faot
restaurant with a tatal of 74 seats and a Variance ta pro~~de
12 parking spaces in lieu of the 15 parking spaces required
on-site bv Code E~rth ~~alet parking service
CEQA STATUS Categor~cally e~empt piirsuant to Class 1(a) of the State
CEQA Guidelmes in that there will be no expansion of use
beyond that previous~y existing
PLANNING COMMISSION ACTIOI~T
1/10/96 Date.
XX Approved based on the f~llowmg findmgs and sub~ect to the conditions
below
1
~~ ~ ~~
Derued
Qther
EFFECTIVE DATE{S~ OF ACTION(S) IF 1~TOT APPEALED:
I/24/96 Conditional Use Permit 95-022
1124/96 Variance 95-029
EXPIRATION DATE{S) OF ANY PERI4~ITS GRANTED:
7/24/97 Gond~tional Use Permit 95-022
7/24/97 Variance 95-a29
LENGTH OF ANY PQSSIBLE EXTENSI4~1 OF EXPIRATION DATE(S):
Anyt request far an extension of the expiration date must be received in the Plannmg and Zonmg
Divisian priar to expiration of this permit
One six month Condit~onal Use Permit 95-022
CO~r'DITIONAL USE PERMIT FINDINGS
The proposed use ~s one conditionally permitted wrthin the subJect district and cornplies
ti~°ith all of the applicable provis~ons of the "Crtv of Santa Moruca Camprehensive Land
Use and Zonmg Ordinance", in that the Zonmg Ordinance condrtionally permits an
alcohol lieense in con~unction w-~th a food service in the RVC distric#
2 The proposed use crould nat impair the m#egrity and eharacter of the district m whieh it
is to be established or located. ~n that the RVC d~strict is intended to protect the existing
residenhal mix in the area while providing for the concentration and expansion of coastal
related, lodgmg, dining and recreat~on needs af tourists and others in the oceanfront area
and the conditions of appraval such as the hours of operation limrtations, trash and
deli~er~- hours limitations, and valet parking circulation plan wzll ensure that t}ie
restaurant`s operation v~711 not impact the surrounding neighborhood.
3 The sub~ect parcel is physicall~ suitable far the type of land use be~ng proposed, ~n that
the parcel is a standard lot wrth no unusual characteristics.
4 The proposed use is compat~ble wrth any of the land uses presently on the subject parcel
if the present land uses are to rernain, in that the issuance of an alcohol license for a new
2
t~ ~t ~ ~ J
restaurant is compatible wzth the existing caffee shop in that the hours of aperation are
different and do not conflict
The proposed use would be campatible with existing and permissible land uses vvithin the
djstrict and the general area m which the proposed use is to be lacated, m that the zonin~
of the srte permrts restaurants and the issuance of an alcahol license will be incidental to
the primary~ foad servzce establishment and the canditions such as the sound baffle
requirements and ~alet parlang operation requirements will limit the impact on the
surrounding neighborhood.
6 There are adequate provisions far ~~~ater, sanitation, and publ~c utilities and serv~ces to
ensure t~at the proposed use vvould nvt be detr2rnental to publ2c health and safety, in that
the site is located in an urbaruzed area adequately served by ex~sting infrastructure, and
the Count}~ Health Department will inspect the premises to ensure campatibihty with
health standards
7 Public access to the proposed use will be adequate, in that the srte ~s wrthin walking
distance of three ma~or hotels and the Civic Center and is serviced b~• bus lines on Ocean
Avenue and Pico Boulevard, which ~s located one block away
The physical location or placement of the use on the site rs compat~ble with and relates
harmoniausly to the surrounding neighborhoad, in that the proposed a~cahol license w711
be for an allowed restaurant which is consistent ~~th the RVC district zomn~ and that the
conditions of appro~al luni~ing restaurant hours, trash dumping and pick up, and
restaurant dehveries will pratect the surroundmg reszdential neighborhoad from restaurant
impaets
9 The proposed nse is consistent vvith the goals, objectives; and policies of the General Plan,
in that the Land Use Element of the General Plan, specifically Objective 1 5 af the
Oceanfront District is ta expand vis~tor accammodations and related uses in the
Oceanfront area, while protectmg the existing resident~al mi~c
10 The proposed use would nQt be detrimental to the public interest, health, safety,
convemence. or general welfare, m that the praposed use ~s cansistent ~vrth the Zomng
Ordanance, and the Land Use Element of the General Plan, in that the proposed condrtions
limit noise and odors to the neighborhood and prer~ent park~ng impacts by requirmg the
vaiet park~ng circulation plan to be approved by the Director of Platuung, the Park~ng and
Traffic Engineer, and the Chief of Police «~ho ~~711 carefully evaluate the location, hours,
and number of on-street va~et spaces m regards to nocse rmpacts to residential uses and
loss of on-street parking, and that the off-site park~ng be provided at a nearb~~ lot not
more than 1,040 feet fram the establishment
11 The proposed use conforms precisely to the applicable performance standards contained
in Subchapter 9 04.12 of the City of Santa Manica Comprehensive Land Use and Zoning
~~ ~ 12 i~
Ordinance, in that no performance standard permit is requ~red.
12. The propased uss w~l] not resnlt m an overconcentrat~on of such uses in the immed~ate
vicimty, in that the proposed alcohol license will be far a restaurant ~~-~thout
entertainment, and that the area is in the RVC {Residential-Visrtors Commercial) Dzstrict
which is frequented by large numbers af local residents as well as office ~~orkers,
shoppers, and visitors from outside the Ci~y Furthermore, th~s type of outlet has not
conmbuted significantly to alcohol related problems m the area
ALCOHOL OUTLET FINDINGS
T~e proposed use and locat~an are m accardance «-ith good zoning practice, in the public
mterest, and necessary that substantial ~ustice be done in that the alcohol license v~~ill he
for a restaurant wrth no separate bar area or entertainrnent.
2 The proposed use will not adversely affect the welfare of neighbarhood residents in a
significant manner m that the use ~r-~ll be located in a mixed use area and the haurs of
alcohol sen-ice and restaurant operation will be limited
The proposed use w-~Il not cantribute tv an undue concentration of alcahol outlets in the
area in that a restaurant with no separate bar area or entertamment is not t}~plcally
cansidered to contribute to ob~ectionable problems associated wrth alcohol outlets, there
are only four other alcohol outlets located w~thin 500 feet of the sub~ect property, three
of ~~hich are inc~dental to hotel uses, and that the area is in a portian of Santa Monica
~vhich xs frequented hy local residents as well as affice workers, and shoppers
Furthermare, this type of outlet has not contributed sigruficantly to alcahol related
problems in the area
4 The proposed use w~11 not detrimentally affect nearby neighborhoods considering the
distance of the alcohal autlet to residential buildings, churches, schools, hosp~tals,
playgxounds, parks, and other existing alcohol outlets in that the conditions for approvai,
such as the requirement that the establishment operate wxth no separate bar area or
entertamment, and that the haurs ~~hen alcohol wzll be ava~lable w~ll be limited to 2.00
pm to midrught during the week and 2 40 pm to 1 00 am on the weekends, will rnimmize
the potential affect on the res~dential uses in the vicinity
The proposed use is cornpatible w-ith existmg and potential uses wrthin the general area
~n that the restaurant ~s in a mtxed use distriet, and a restaurar~t w~t~ an alcohal ~rcense
is cornpat~ble w-ith permitted ~isrtor serving uses and that, wrth the conditions of approval
limitmg restaurant hours and controllin~ potennal noise impacts, is a~so compatible with
surroundm~ residential uses
4
_~ .~~ i
6 Traffic and parkin~ congestian will nat result from the praposed use in that 12 parlcing
spaces are pro~ided onsrte, 15 parking spaces are required and valet park~ng vvill be
provided at an affsrte pnvate lot and there shall be no ~ alet parking permitted on any
street or alley unless approved by the Parking and Traffic Engineer, the Director of
Plamm~g, and the Chief of Police, who will carefully e~aluate the lacation, hours, and
number of on-street valet spaces in regards to noise impacts to residential uses and loss
of on-street parkmg spaces
7 The publ~c health, safety~, and general welfare are protected in that the pro~ect is consistent
~~~ith the provisions of the Zorung Ordinance, and the Land Use Element of the General
Plan when both encourage ~isitor serving uses in the RVC and Oceanfront distrfcts
No harm to ad~acent properties «zll result in that the conditions of approval w-ilI ensure
that the establishrnent operates as a restaurant ~~:ith no sepazate bar area or entertainment
9 The proposed use is consistent ~~th the obaectives of the General Plan in that the Land
Use Element of the General Plan designates the area as ~ceanfrant Special District ~;~here
visrtor accommodations and related uses may be expanded while protecting the e~sting
residenhal mix
VARIANCE FINDINGS
There are special circumstances ar ex~ept~onal character~stfcs applicable to the praper[y
invol~~ed, mcluding 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 i~icinity
~nder an ident~cal zomng classificat~an; in that the property is located w7thin ~ralkulg
distance of three ma~ar hotels and the Civic Center and rn that the RVC District is
zntended to provide for the cancentration and expansion of coastal related, dmmg needs
of tourzsts and others in the oceanfront area
2 The granting of such vanance v~~ll not be detrunental or injuriaus to the property~ or
improvements m the general viciruty arid d~str~et in ~~hich the property ~s located, in that
parking for the restaurant will be pro~=ided on-site or will be valet parked at the Pritiktn
lot or other Iot witlun 1000 feet from the establishment, and no street parlang will be
removed ar used for the restaurant use unless approved by the Director of Plannmg, the
Parking and Traffic Eng~neer, and the Chief of Police
3 The strict application af the provlsions of th~s Chapter would result in practical difficuIties
or unnecessary• Ytaraships, not incfuaing economtc difficulties or economic hardships, tn
that there is not sufficient area in the parking lot to provide all 15 required parking spaces
onsite and adequate parking can be provided on the nearby Pritikin lot or ather pri~~ate
lot located not more than 1000 feet from the establishment
4 The granting of a variance will not be contrary to or ~ conflict w~th the general purposes
5
~~ ~~~
and intent of tYus Chapter, or to the gaals, ob~ectives and policies af the General Plan, in
that the Objective 1 5 of the 4ceanfrant Speczal D~str~ct states that vis~tor related uses
shall be expanded vy~h~le protect~ng the exist~ng res~dent~al mix and appro~~~l af the
~~ariance ~rould permrt a visitar servmg restaurant while providing parking at the Prrtikin
lot ar ather nearby prn-ate lot located not mare than 1000 feet from the estabhshment and
by not remo~.ling any street parkmg wlthout appro~~al l~}~ the Director of Plamm~g, the
Parking and Traffic Engineer, and the Cluef of Police, who will carefullyT evaluate the
location, hours, and number of on-street valet parlcing spaces m regards to noise impacts
to residential uses and loss of on-street pari~n~ spaces
The variance would not impair the integrity and character af the district m wYuch rt is to
be located, in that there va111 be valet parking provided ~~hich will occur on-s~te, at the
Prit~km lat through a lease agreement or at another off-s~te locat~an not more than 1040
feet from the establishment and ~~-i11 not remo~~e an~~ street parkmg vv~thout the approral
of the Directar of Plamm~g, the Farking and Traffic Engmeer and the Chief o#' Police.
6 The sub~ect site is physically suitable far the praposed variance, in that t~~elti~e parl~ng
spaces can be pro`~ided onsrte and the remainder ~~~11 l~e secured off-srte throu~h a lease
agreement.
There are adequate pro~sions for water, satutat~on, and public utilrties and services to
ensure that the proposed ~ariance wo~ld not be detrimental to publ~c health and safety,
in that the site is an existmg structure which is part of the urban infill and condrtions of
approval ~~-~11 control vehicular access to and from the site, and will pralubrt use of the
alley adjacent to the residential uses by valet dri~ers.
There ~vill be adequate provisions for public access to serve the subject variance proposal,
in that there are bus lmes vahich ser~e Ocean Avenue and Pico boulevard which is one
block av~~a}~
9 The strict application of the provisions of Chapter 10 of the Caty of Santa Moruca
Comprehensive Land Use and Zor~ng Ordinance would result in unreasonabre depri~~ation
of the use or en~o5~nent of the property, in that adequate parking cannot be provided for
a restaurant v~~thout a ~~ariance
CO\;DTTIONS OF APPROVAL
This approti=al is for those plans dated 3anuary 3, 1495, a copy af which shall be
maintained m the f les of the Planning and Zonmg D~vision Praject deve~opment sha~~
be consistent wrth such plans, except as otherwise specrfied ui these condrtions of
approval
2 The Plans shall comply wrth all other provis~ons of Chapter 1, Article IX of the
6
~~ 12~
Murucipal Code, (Zonmg Ordinance} and all other pertinent ordmances and General Plan
policxes of the Crt}~ of Santa Momca
3 Final parkmg lot layout and specifications shall be sub~ect to the re~iew and approval
of the Parking and Traffic Engineer.
Architectural Review Board
4. Prior to considerat~on af the pro~ect by the Arcrutectural Review Board, the applicant
shail review disabled access requirements ~vrth the Bi.uid~ng and Safety Drvision and
make any necessary changes in the proJect design to achie~e compliance with such
requirements The Archrtectural Re~~iew Baard, in rts review, shall pay particuiar
attention ta the aesthetie, landscaping, and setback impacts of any ramps or other
features necessrtated by access~bility requirements.
5 Constructian period signage shall be subject to the approval of the Archrtectural Re~=iew
Board.
b Plans for fnal design, landscaping. screemng, trash enclosures, and signage shall be
sub~ect to review and approval by the Architectural Review Board
7 The Archrtectural Review Board, in its rev~ew, shall pay particulaz attentian to the
pro~ect's pedestrian orientarion and amenities, scale and articulation of design elements;
exterior calors, textures and mater~als, window treatment, glazing, and landscaping
8 Landscaping plans shall compl}~ ~~~th Part 9 04 10 Q4 (Landscap~ng Standards) of the
zomng ordznance including use of water-canservin~ landscaping rnaterials, Iandscape
mamtenance and other standards contained m the Subchapter.
9 A landscaping plan shall be submrtted to ARB which restores and improves the existmg
landscaped areas and provides addit~onal landscaped areas in the parking lot w-~thout
reducing t~e number of parking spaces ~elow that required b~~ the Zoning Ordinance
Any re~zsed parlang layout shall be appraved by the Parking and Traffic Engineer.
10 Refuse areas, storage areas and mechanical equipment shall screened in accordance w~th
SMMC Secrion 9 04 10 42 130-94 04 10 02 150 Refuse areas shall be of a size adequate
to meet on-srte need, includmg recyclzng The Arch~tectural Rev~e« Board in rts review
shall pay particular attention to the screening of such areas and ec~uipment An~~ rooftop
mecnaniea~ equipment s1~a11 be rnmtmtzed in height ana area, ana sna~~ be ~ocated ~n
such a«~ay as to minimize naise and ~~isual impacts to surrounding properties Unless
otherwise appro~ed by the Architectural Re~ iew Baard, raoftop mechamcal equipment
shall be located at least fi~e feet from the ed~e of the roaf
Canstruction
7
~~ 130
11 Unless atherw-~se appro~ed by the Department of Environmental and Public Works
Management, a11 sidewalks shall be kept clear and passable during the grading and con-
st~uction phase af the pro~ect
12 S~dewalks, curbs, gutters, paving and driveways w~hich need replacing or removal as a
result of the pro~ect as deteririined by the Department of Department of En~~ironmental
and Public Works Managernent shall be reconstructed to the sat~sfac~on of tbe De-
partment of Environmental and Public Works Mana~ement Approval for this ti~,~ork shall
be obtained from the Department of Environmental and Public Works Management prior
to issuance of the building permits
13 Vehicles hauling dirt or other construct~an debr~s from the s~te shall co~er any open load
with a tarpaulin or other secure co~~ering to minimize dust emissions
14 Street trees shall be maintamed, relocated ar pro~~ided as required in a manner consistent
«ith the City~s Tree Code (Ord 1242 CCS), per the specificatians af the Department of
Commumty and Cultural Services and the Department of Environmental and Public
Works Management. No street tree shall be rernoved without the approval of the
Department af Communrty and Cultural Services
15 A construction period mrtigation glan shall be prepared by the applicant far approval by
the Department af Environmental and Public Works Management priar ta issuance of
a building permrt The approved mrtigatfon plan shalt be posted on the srte far the
duration of the pro~ect construction and shail be produced upon request As applicable,
this plan shall 1} Specify the names, addresses, telephone numbers and business license
numbers of all contractors and subcantractors as well as the de~eloper and archrtect; 2)
Describe how demolrtion of any~ existing structures is to be accomplished; 3) Indreate
~rhere any cranes are to be located for erect~on/constru~t~on, 4) Describe how much af
the pul~lic street, alleyway, or sidewalk is praposed to be used in con~unction v~~ith con-
struction, ~) Set forth the extent and nature of anS~ pile-driving operations; 6} Descr~be
the length and number of any t~ebacks whFCh must extend under the property of other
persans, 7} Specify the nature and ex#en~ of any dewatering and rts effec~ on any
ad~}acent buildings, 8) Describe anticipated constructian-related truck routes, number of
truck trips, hours of haulmg and parking ~ocation. 9) Specify the nature and extent of
any helicopter haulm~, 10} State ~vhether an~~ construction activity beyond normall;~
permxtted hours is propased, 11) Describe any proposed construction noise mrtigation
measures, 12) Descnbe construction-period security measures including any fencing,
lighting, and securrty personnel, 13)Provide a drainage plan, 14} Provide a
construction-perioa parking plan ~hieh shall mm~n~xe use of pub~ic streets for parking;
15} List a designated on-srte constructaon manager
16 A sign shall be posted on the property~ in a manner consistent with the public hearing
sign requirements w~uch shall identify the address artd phane number af the aw~er
S
~~ ~3i
and/ar applicant for the purposes of responding to questions and complaints duririg the
construction period Said sign shall also mdicate the hours of permissible construction
work
17 A copy of these conditions shall be posted in an eas~lyT visibte and accessible locat~on
at all tiFnes dunng construction at the pro~ect site. The pages shall be laminated or
othen~~se protected to ensure durabillty of the copy
Environmental Mitigation
18 Ultra-lowr flo~,r plumbing fixtures are required on all new development and remodeling
where plumbing zs to be added {Maximum 1 6 gallon toilets and 1 U gallon urmals and
lvw flow sho~~er head }
19 1'arkmg areas and structures and other fac~lrties ~enerating waste~ater v4~th sigmficant
oi~ and ~rease con#ent are required to pretreat these wastes before dischargmg to the City
sev~~er or storrrt dra.m system Pretreatment will require that a clarifer or oil/w~ater
separatar be installed and maintauied on site In cases where settleable solids are present
{or expected} m greater amounts than floatable oil and grease, a clarifier utut v~~ill be
required In cases where the appas~te waste characteristics are present, an o~l/water
separator wrth automatic oil draw°-off vti~ll be reqtured mstead. The Environmental and
Public Works Management Department wiil set specific requirements Buildmg Permrt
plans shall show the required mstallation
Vliscellaneous Canditions
20 The buildmg address shall be painted on #he roof of the b~.uld~ng and shali measure four
feet by~ eight feet (32 square feet)
21 If any archaeological retnams are uncovered during excavat~on or constructxan, work in
the affected area shall be suspended and a recognized spec~ahst shall be contacted #o
conduct a survey of the affected area at pro~~ct's owner's expense ~1 determ~natian
shall then be made by the Director of Planning to determine the sigr~f cance of the
survey findings and appropriate actions and requirements, if any~, to address such
findings
22 Street and/or alley lighting shall be pra~~ided on public rights of ~jay adjacent to the
pro~ect if and as needed per the specificat~ons and vv~th the approval of the D~partment
of Genera~ Serv~ces
23 The operation shall at all tirnes be conducted in a inanner not detnmental to sunounding
praperties or residents by reason of lights, no~se, activities, parking, or other actions.
24 All deirvenes and trash dumpmg shall be conducted between 8.00 am and 10 04 pm.
9
~~ 13 2
Trash containers shall be secured ti~-~th locks Ali dehverzes shall be #~rom the parking
area ~r-~th no deliveries permitted from Vicente Place or 4cean Avenue.
25. Mechan~cal equipment shall not be located on the side of any buildmg which is adjacent
to a residentaal build~ng on the ad~ozning lot Roof locations may be used when the
mechamcal equipment is installed within a soundrated parapet enclosure
26 Final approval of any mechanical equipment installation v4~11 reqwre a noise test in
cornpliance wrth SMMC Sectzon 4 1 Z.040 Equipment for t~e test shall be provided by
the owner or contractor and the test shali be conducted by the aw~ner or contractor A
copy af the noise test results on mechamcal equipment shall be submitted ta the
Commumt~j Noise Officer for re~~iew to ensure that naise levels do not exceed maximum
allow~able levels for the appllcable noise zone.
27 Final bu~lding plans subrmtted for approval of a building pern~rt shall include on the
plans a Iist of all permarjent mechamcal equipment to be placed outdoors and ali
permanent mechatucal equipment to be placed indoors which may be heard outdoors.
28 Pursuant to M~uucipal Code Sect~on 9 04 10 02 420, a sign shall be posted statmg that
the establishment is limited to 74 seats The sign shall be a minimum of twelve inches
by eighteen inches, and shall be posted by the restaurant entrance af other such location
as required by the Zoning Admmistrator
Validrt~= af Permrts
29 In the e~~ent permittee violates or fails to comply with any candrtions of approval of this
permrt, no further permits, licenses, appro~~als or certificates of accupancy shall be issued
until such violat~on has been fully remedied
30 Within ten da~-s of Planning and Zomng D~vision transmittal of the approved Statement
of Official Action, project applicant shall sign and return a copy of the Statement of
Officiai Action prepared by the Planning and Zoning D~~ision, agreemg fo the
Condrtions of approval and acknowledging that failure to comply unth such conditions
shall constrtute grounds for potential revocation of the perrr~it approval By signing
same, applicant shall not thereby waive any legal rights apphcant may possess regarding
said conditions The signed Statement shall be returned to the Plaiuung and Zomng
D~~~ision Failure to comply v~~th this condrtion may constrtute grounds for potential
permrt revocation
32 This determination shall not become effecti~e for a period of fourteen days from the date
of deternunation or, xf appealed, untii a final deter~nination is made on the appeal Any
appeal must be rtiade in the form required by the Zonmg Arirninistrator The approEfal
of this pernzrt shall expire 1$ months frorn the permrt's effective date, unless, in the case
af neti~- development, a buildin~ perm~t has been obtamed prior to the exp~ration of this
io
~~ ~33
appraval in order to exercise the nghts granted by th~s approval This permit shall a~so
expire if the building permrt expires or if the rzg~ts granted under this approval are not
exerc~sed wnthin one year fo1loK~mg the earliest tc~ occur of the follo~;7ng 1551.17riCP O~
a Certificate of Occupancy or, if no Certificate of Occupancy is required, ihe last
requ~red final inspection for the new construction In the case of a change af use, the
business hcense must be obtamed and the use in operat~on pnor to the permit expiration
date One six month extenston af the 18 month period mayT l~e pernutted if approved b~~
the Director of Planning Applicant is on notice that time extensions may not be granted
~f de~relopment standards relevant to the pro~ect have become more restrictive since
pro~ect appro~~a1
33 Within thirty (30) days after final approval of the pm~ect, a sign shall he pasted an site
stating the date and nature of the approval The sign shall be posted in accordance ~~zth
the Zoning Admmistrator guidel~nes and shall remain in place until a b~uld~n~ permit is
issued for the pro~ect The sign shall be remo~~ed promptl~~ when a building permit is
issued for the pro~ect or upon expiration of the Conditional Use Permit
ALCOHOL OUTLET CONDITIONS
34 The primary use of the premises shall be for srt-down service to patrons Alcohol shall
not be served to persons except thase ~ntending to purchase meals
3~ Parking lot illuminat~on sha11 be provided and maintamed Lighting shall be designed
to rnmimize glare impacts to ad~acent residential umts
36 The o~~ner shall prohibrt loitering in the parking area by both patrons and valet
attendants and shall control noisy~ patrons lea~~ing the restaurant
35 The premises shall maultam a kitchen or food-serving area in which a variety of food
is prepared and cooked on the premises
3 7 The premzses shall serve food to patrons during ali haurs the estabiishment is open for
customers
38 Sea~ing arran~ements for sit-doun patrons shall not exceed 74 seats There shall be no
separate bar area.
39 Take out service shall be only incidental ta the primary srt-dow-n use.
40 No alcoholic beverage shall be so~d for consumption beyond the premises.
4I No dancing or live enterta~nment shall be permitted on the premises
42 There shail be no outdoor dining area permitted w-ithout amendment of this approval.
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43 The permitted hours of operation are Sunday through Thursday, 2 00 pm to 11 pm, v~:hen
the last patron may be seated, w-~th complete restaurant closure by midnight The
permitted hours of operation an Friday and Sa#urday are 2 Op pm ta midmght; when the
last patron may be seated, wxth complete restaurant closure by 1 00 am
44 Prior to issuance of a Certificate of Occupancy, or a business license, as applicabie, a
securrty plan shald be submitted to the Chief of Police for review and appro~~al The
plan shall address hoth phyrsical and operational securrty issues
45 Prior to issuance af a Certificate of Occupancy, or a business license, as appiicable, the
operatar shall submit a plan for appra~~al by the Directar of Planning regardmg
employee alcohol awareness traimng pragrams and polFCies The plan shall outline a
mandatory alcohol a~~~areness traming program for all employees ha~~ing contact ~~ith the
public and shall state management's policies addressing alcahol consumption and
inebriation The operator shall provide City wrth an annual compliance report regarding
complaance v4rth thrs candition This pro~ect shall be sub~ect to any future C~ty-i~~ide
alcohol a~vareness training program candrtion affectin~ similar establrshments The plan
shall aiso set forth a"designated dr~ver" pragxam, which shall be offered by the operator
of the establishment to patrons
46 ~Vlinor amendments to the plans shall he subject to appro~al by the Director of Planning
An increase of more than 10% of the square foatage or a significant change in the
approved cancept shall be sub~ect to Planntng Comm~ssian Re<<iew Construchon shall
be m substantial conformance w7th the plans submitted or as modifi~d by the Planrung
Comm~ssion, Architectural Review Board, or Director of Planrung No expansion in
number of seats, mtensity of operation, or outdoor areas shall occur without prior
approvai from the City af Santa Monica and State ABC
47 Except for special events, alcohol shall not be served m any disposable container such
as disposable plastic or paper cups
48 1~ o~rideo or other amusement games shall be permitted on the premises
~9 Any mimmum purchase requirement may be sat~sfied by the purchase of beverages ar
food
~0 No more than 35% o~ total gross revenues per year shall be from alcahol sales The
operator shall mamtain recards of gross rer~enue sources w~hich shall be a~=ailable to the
C~t~l of Santa Monica and tl~e State ABC ~pon request.
Si V~Trthm thirty (3Q} days from date of the approva! of the Sratement of Official Action,
the applicant shall provide a cop~r of the appro~~ed Statement of Official Action for tlus
pro~ect to the local affice of the State Alcaholic Beverage Control department
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52 This permit shall expu-e 18 months fram the effect~ve date of approval unless required
ABC permits are obtained One one-y~ear extension af the ane year period may be
permitted if appro~ed by the Director of Planning Applicant is on notice that an
extension may nat be granted if development standards relevant to the pro~ect have
changed since pro~ect approval
53 Appiicant is on notice that all temporary signage is subject to the restrictions of the City
sign ordinance
54 Any new restaurant at the srte v~~ith fe~~~er than 50 seats capac~ty shall mstall a grease
interceptor «~rth mimmum 750 gallons static holding capacity in order to pretreat
se~s~ered grease Fac~lzt2es u-~th greater t~an SO seats are requ~red to insta,ll an intexceptor
«zth 1404 gallons mirumum holdmg capacrti~ The Environmental and Public Works
Management Department may~ mod~fy the above req~urements only for gaod cause
Specifcally~, the facility~ must demonstrate ta the satisfaction of the Industrial VVaste
Section and Bu~ldmg and Safety Division that interceptor installatian is not feasible at
the site an c}uestian. In snch cases where modificat~ons are granted, grease traps w711 be
required in the place of an interceptor Buildmg Permit plans shali show the required
~nstallat~on.
Special Conditions
55 No ~-a1et drivers shall utilize Vicente Terrace nor Vicente Terrace North alley «-est of
the sub~ect srte. The circulation plan for off-site valet parking shall ha~e drivers exrt the
onsrte ~ark~ng ~ia the aliey, turn nght on Ocean, and r~ght on Pico and right mto the
Prrtikin lot The return shall reverse the pattern The valet parking circulation plan shall
be sub~ect ta the appro~~al af the Director of Planning, the Parking and Traffic Eng~neer
and the Chief of Police
~6 Na patrons shall be permitted ta wait outside the restaurant In the event the restaurant
is full, arrivmg patrons shall not be permitted to waat outside the restaurant uritil seatmg
~s a~ailable Restaurant patrons preparmg to lea~e shall wait ins~de the restaurant unt~l
thexr vehicle is available Restaurant staff shall not~fy patrons when their ~Tehicle is
readv
~7 There shall be no loading ar unloading of passengers in the alle~~ All passen~er loadang
ar Luiloading shall occur in the parking lot unless a valet parkmg zone is appro~~ed by
the Director of Planning, the Parking ana Traffic Engineer, and the Ch~ef of Po~~ce.
58 All v4~ndows at the rear of the restaurant shall be dual glazed
59 The daors at the rear of the restaurant ~i~ill be made of tluck, sound resistant materials
and w711 be kept clased at all times The side enriergency door u~~ll be kept closed at ali
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times, except in an emergency
50 The front door shall have a moveable door/sound baffle to direct all sounds and patrons
away~ from the residences and ta~~vards Ocean Avenue Sound absorbmg materials (e g
curtains) shall be hung inside the frant door to rrunimize no~se from arri~~ing and
departing customers
61 A fee tna~r be charged to patrons for use of the valet parkmg
62 Valet park~ng shall occur only at pr~vate parkmg lots There shall be no valet park~ng
permrtted on any street or ailey unless appro~~ed by the Parking and Traffic En~ineer,
the Director of Plann~ng, and the Chief of Police The location, hours, and number of
on-street valet spaces sha11 be carefully evaluated m regards to noise ~mpacts to
residential uses and ioss of on-street parkin~ spaces
63 Prior to issuance of any build~ng permits, th~ applicant shall provide a lease agreement
demonstrating provision of at least three off-srte parkmg sgaces u~hich are located wrthin
1000 feet of the sub~ect site. Should the spaces referenced at the time a Building Permit
is issued subsequendy be no longer a~:ailable, the operator shall submit praof to the
Director of Planning ihat at least three spaces at another srte within 100Q feet have been
secured to meet this condit~on
54 The parkmg lot shall be posted w-~th conspicuous signage cautiomng patrons to be
respectful of neighbars by a~~o~ding unnecessar~~ noise
6~ All restaurant staff ti~-~11 be trained to caution late departmg customers to be respectful
of neighbors by a~~oid~ng unnecessary noise
66 All guest rece~pts ~u~ll include a ~r-r~tten vvarmn~ to caution patrons ta avoid unnecessary
no~se outside the restawrant.
57 Prior to issuance of a building permrt, the applicant shall send certified letters to the
ourners of abutting prop~rty wrth an offer to double-glaze wmdows facing the restaurant,
and indicate that a response is required v~~thin 45 da~s A cop~~ of each Ietter shall be
sent to the City. For any propertyT awner requesting thts measure, the ~vork shall be
completed and venfied by a City inspection prior to issuance af a Certificate af
Occupancy
68 Any f rep~ace Znstal~ed on the si#e shall be equipped ~~th a smoke fi~trat~on s~~stem ta
__ _ ~entmg s}~sterns fram the work~ng area shall be equipped
v4~ith smoke and odor filtrahon systems
69 If at any time after approval of these perrruts, the applicant no longer has exclusive use
of the ad~acent parlcing lot during the hours of operation, the appl~cant shall submit a
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plan to the Director of Planning and Commuruty Developrnent demonstranng that
adequate parking vv~ll be pro~ ed After review of the plan, the Director of Planning and
Communrty De~elopment may determme whether an amendment to the Conditional Use
Permrt or Variance will be required
VOTE:
A~~es BradIey, Gruber, Moench, Farlee, Weremiuk, Zinner
Navs Breisch
Abstam None
Absent None
l~ OTICE:
If this is a final decisian not subject to further appeal under the City of Santa Momca
Comprehensive La.nd Use and Zon~ng Ordinance, the t~me w~th~n wh~ch ~udic~al re~~ie~~ of th~s
decision must be sought is gov~rned by Code af Civil Procedure Sectian 1094 6, u~hich provision
has been adopted by the Crty pursuant to Municipal Code Section 1 16 410
I hereby certify that this Statement of Official Action aeeurately reflects the final
determination of the Planning Commission af the City of Santa Manica.
si~nature
Kenneth Breisch, Acting Chairperson
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date
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I hereby agree to the abo~e conditions of appro~al and acknowledge that failure ta comply
K~ith such conditions shall constitute grounds far potential revocation of ~he permit
approval.
Applicant's Signature
Print Name and Title
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TO SUZANNE FRICK
FROM STEPHANIE BARBANELL fax 4~1-3346
RE PLANNING AGENDA ITEM 8A, 1/10/96
1/12136
Dear Ms Fr~ck,
I w~sh #o thank the staff. in particular Susan Heaiy Keene. Kenyon 1Nebster,
Amanda Schacter, and yourself, far reconiz~ng that the RVC Zone includes residents
and that the~r rrght te a decent quafity to life and to the quiet en~oyment af the~r
praper~y should b~ considered The series of condi#ions that the staff proposed to
the planning commission represented the awareness that what the City approves will
be t~e cond~t~ons that go wrtf~ the prem~ses at 1810 Qcean A~e ~n perpet~ity It ~s
d~ssappc»ntmg, however, that the extreme over and unciue conce€~trat~on of alcahol
outlets in our area, d~d not motivate yau to recommer~d to the planning commission
that #hey excerc~s~ tt~eir descret~onary pawer to w-th-t~old the issuance af th~s
alcohol CUP
Extremely d~sturbing and d~ssappoint~~g but nat surpr~sing, were the actual
plannmg commiss~on proceed~ngs Th~ cor~duct of certam planning comm~ss~oners
and the conter~t of the~r remarks was siunnmgfy ~nsensitive and offens~ve, particularly
~r~th regard to our uery ex~stence m light of aEl the no~se created as a resuft oi past
neighbarhood--negEiger~t, city planrnng The appticant was able on severat occas~ans
to speak beyand his time I~mits withhaut e~en the transparent #ac#ic of be~ng asked
questions by th~ developer--partial planr~ing commission Opposing sid~s were not
g~ven equal time and that simply ~s nat fair There wasn"t eden tF~e pretense of
Empart~al~ty, particula~y when Mr_ Marder could not say where his emplQyees wQUld L~e
parking, and no ~ommissior~er attempted to correct that glarmg ommissian in advance
of appro~ing the issuance of a reduced parking var~a~ce The p~annmg
cammissioners' personal biases were undESgu~sed and unabash~ and unce~sured
by anyane The~r gross ~ndifference ta genu~ne ne~ghbar concer~s and the ne~gf~bor
efiforts to offer compromised conditions was unparralleled in my experience They
were pfa~~ ne~ghbor unfriendly Finally, ~heir madificatian of cond~tions was totaliy
confusing and 1 am askfng your help for ~mmediate clarificatio~ af the foliow~ng
1 Wha# are the exac# hours af operation and cbsure of this prem~ses'~ What are the
hours o# #ras~ coilection and delEVery service to this site~
2 ls smoking allowed within th~ prem~ses?
3!s the cirr~culat~on pattern that they are rec~uired to a~there t~ , confrneci ta three cars
vr all of the cars that the will be parkEng in their iot ~
4 Have you adopted autdoor d~n~ng guidelines for Qcean A~e south of Calorado
Ave and not r~Q#if~ed the neighbors that wEll be ~mpaeted'~
5 ts free valet park~ng to b~ offered`~ What other locations within the c~ty t~av~
~rev~ously been required to prov~de ~ree ~alet parking and under what conditions~
C Where are the emplayees of this premises to park'~
7 Wl~ere are the guests of tl~e residents af Sea~~ew Terrace to park for f~ee ai~er 6 pm
that is rmmed~ately adjacent ta the~r street when th~s restaurant begi~s its ope~atran~
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