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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 - 1 - 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 ~ ~ ~ ~ ~ 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 - 3 - ~ +~ ~ ~ ~ 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~ - 4 - ~~ 103 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~ - 5 - 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 - ~ - ~~ ~a~ 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 - 7 - ~~ ~Q~ 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 - 8 - ~~ ~~ ~ 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 -9- ~~ 10b 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. 11 ~ !~ ~ 3 ~# 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 12 ~~ 135 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 13 ~~ 135 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 14 ~~ 137 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 15 date ~~ 13$ 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 f 1planlsharelpclstaaslcup95022 re~~ 9/95 16 ~~ 13~ A T~'A C1~MEN~' G ~~ 14u BR~~~:S TE~ `~~ .5?:.~-4 ;_-~~~6 ~pr u~ ~ ~3 5~~ F~1 ~ ~ ~i ~ ~ ~ ~ ~~ ~~~~ G F ~ ~ ~~. ~~an~n~~~ s~s~-n~ ~E~~~ ~~~~~ ~ ~~x 4~s-~~$~ ~ F~t~M: ~~EPI~AN~E B~-RBAf~~LL ~ ~_ TEL.~FA~C ~~ ~ 0) 451-~334~ ~~ ~ ~E: AL+~~~~~. C~I~DiT~i~NA~. ~SE P'~~iA~lT ~~F~ , A RES~AURAN7 ~~TH ~ TI~P~ 4~ LI~~~lS~ : ~ AT ~ ~ ~ ~ ~~~A~ ~VE. ~ ~~ ~ ~ t ~ VI~~ NEED Y~L~R ~iELP T~ I~SI~RE THA1` ~ ~UR NEIGHi~t~RI~~~D f~ PR41"EC~'~~ FR~M ~ ~~1~~`HER PF~t~~.I~ERAT~DN ~~ AL~QHDL ~ ~I~TLE~S} ~ ~HAI~i~S ~i~ ~DV~1~~E FC~~ Y~~JR CQ~1~~~~E~~1 ~~N ~3~ ~'F~iS M~~TER~ ~ ~~ 141 _~_ 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~ Yni irc tri ~Iv ~ ~ G