SR-7-A (67)
........
7-A
jAN 2 9 1991
LUTM:PB:DKW:hz
PC/rocko
Council Mtg: January 29, 1991
Santa Monica, California
TO: Mayor and City Council
FROM: city staff
SUBJECT: Appeal of Planning Commission Conditions of Approval
for Condiitional Use Permit 90-065
Address:
Applicant:
Appellents:
Rockenwagner
2435 Main street
Hans Rockenwagner
Councilmember
Kelly
Olson,
Hans
INTRODUCTION
This is an appe~'
Commission's conditions of ap-
of approval fOl
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: which modified the conditions
proval for a C
ed restaurant with a Type 47,
operating at th\
No restaurant is currently
On-Sale General
are being made by Hans
Rockenwagner, the applicant for the CUP, and by Councilmember
Kelly Olson. Mr. Rockenwagner is requesting modification of the
valet parking requirement, hours of operation, and trash can rub-
berization condition.
Councilmember Olson is requesting that
certain conditions associated with a previous, expired CUP at the
site be imposed on this project.
Subsequent to filing of the appeals, the applicant met with rep-
resentatives of area neighbors. Both parties have reached agree-
ment to a set of revised conditions of approval which appear to
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7-A
JAN 2 9 1991
address the concerns of both appellents, and meet the spirit of
the Planning commission's approval. staff is recommending that,
consistent with the action of the Planning Commission, the proj-
ect approval be upheld, and that the conditions of approval be
modified consistent with the agreement between the applicant and
the project neighbors.
SITE LOCATION AND DESCRIPTION
The subj ect property is a 50,000 square foot parcel located on
the east side of Main Street between Hollister Avenue and Ocean
Park Boulevard with a frontage of 250' on both Main and Second
streets. The Main street frontage is zoned CM2, and the Second
street frontage is zoned OP2. Surrounding uses consist of com-
mercial uses to the north, south, and west, and one, two and
three-story single and multi-family residential uses to the east
along Second street. On-site uses include the Santa Monica Muse-
um of Art, retail uses including an ice-cream store, and offices.
PROJECT DESCRIPTION
Proposed is the modification of the conditions of approval for a
previously-approved Conditional Use Permit (CUP 370) which per-
mitted a 75-seat restaurant at the site. CUP 370 is still in
force, although no restaurant is currently operating at the site.
As proposed to the Plannning commission, the modifications to the
previous approval include changing the alcohol allowance from
beer and wine to a full liquor license for a bona fide res-
taurant; changing the permitted hours of operation from Sunday-
Thursday 8am to 9:30pm and Friday-Saturday 8am to llpm to 7:30am
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to 11:30pm Sunday-Thursday, and 7:30am to l2:30am Friday-
Saturday; and severing the relationship of the lifespan of the
restaurant CUP to the museum use existing on the site.
BACKGROUND
The restaurant component of this project has been the subject of
two previous actions: CUP 370, described above, and CUP 502,
approved in 1988. Statements of Official Action for both approv-
als are attached as exhibits to this report. CUP 370 is still in
force, however, CUP 502 expired in February 1990.
CUP 502 was a modification to CUP 370, and pertained specifically
to the allowed hours of operation and to alcohol sales. The city
Council approved CUP 502 to allow beer and wine sales in conjunc-
tion with the previously-approved restaurant, and operating hours
of 8:30am to l2am, with hours of 8:30am to 1:30am on Fridays and
Saturdays. CUP 502 also required the then-applicant (different
than the current applicant) to provide free valet parking. The
applicant for CUP 502 did not plan on serving breakfast.
The present application also requested elimination of Condition
26 of CUP 370, which states "The Conditional Use Permit permit-
ting the restaurant shall expire after 10 years following any
closure of the museum." The applicant requested that this res-
triction be eliminated, with the lifespan of the restaurant ap-
proval unrelated to the operation of the museum on the site,
which is not under the control of the applicant.
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The project would involve the remodel of an existing lease space
within the the "Edgemar" complex on Main street and development
of a 75-seat restaurant. One of the conditions of approval for
the lapsed CUP was that the restaurant install an air filtration
system to control odor emissions. The present applicant has pro-
posed such a system; information concerning it is attached. A
condition requiring Building and Safety Division approval of the
system is included.
Parking
The restaurant would be located within an existing commercial
complex with 102 parking spaces. Under the conditions of approv-
al, parking is free at the site for visitors and patrons of the
on-site facilities. Most of the parking is underground.
Alcohol Outlet Analysis
While there has been a concern about the number of restaurants
and other uses which serve alcohol in the area, the subject res-
taurant is located in the 2400 Block of Main Street, which has
not experienced the magnitude of restaurant and nighttime activi-
ty as the blocks south of Ocean Park Boulevard. Within a 500'
radius of the site, there are 4 alcohol licenses including the
Galley, Gillilands, Bona Fortuna and a liquor store. Based on
the 1980 Census, there is a residential population of in excess
of 500 people within a 500t radius of the site. One church is
also within a 500t radius of the site. The applicant currently
operates one other restaurant in Santa Monica (Fama, at 1416 4th
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street), which is a bona-fide restaurant, and which has not been
the source of any Planning or police enforcement issues.
PLANNING COMMISSION ACTION
The Planning Commission approved CUP 90-065 unanimously, but with
modifications to the conditions of approval from what had been
requested by the applicant. Subsequent to the Commission's ac-
tion, the applicant and Councilmember Kelly Olson appealed the
conmunission's approval. The appeal forms are attached. Both
appeals do not question the Commission's approval of the project,
but instead relate to the conditions of approval. Councilmember
Olson's appeal requests that certain conditions of approval as-
sociated with expired CUP 502 be re-instated, and Mr. Rockenwag-
ner's appeal relates to the commission's valet parking require-
ment, hours of operation, and trash container rubberization
requirements.
On January 16, 1991, the applicant and the site property owner
met with representatives of Second Street neighbors of the proj-
ect and with City staff. At that meeting, a set of j ointly-
acceptable modifications to the Commission's conditions were
agreed upon. These changes reflect several categories of chang-
es, inclUding minor modification to certain of the findings and
conditions, inclusion of several conditions from CUP 502, slight
modification of the hours of operation, clarification of the va-
let parking condition, and modification of the condition relating
to deliveries and trash pickup. Staff finds these modifications
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acceptable and consistent with the spirit of the Planning Commis-
sion's approval and is recommending their adoption.
BUDGET/FINANCIAL IMPACT
Approval of the recommendations of this staff report would not
result in any budget or financial impacts.
RECOMMENDATION
It is recommended that the City Council approve both appeals of
Conditional Use Permit 90-065 and approve it subject to the fol-
lowing findings and conditions, which reflect the joint proposal
to modify the Planning Commission conditions of approval by the
applicant and Second Street neighbors and otherwise incorporate
the Planning Commission's conditions of approval:
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the
subject district and complies with all of the applicable pro-
visions of the "City of Santa Monica comprehensive Land Use
and Zoning Ordinance", in that the restaurant is already per-
mitted at the site via CUP 370, and that the sale of alcohol
is conditionally permitted in the CM District, in that the
sale of alcohol as a complimentary item with meal service in
the restaurant should not result in adverse conditions.
2. The proposed use would not impair the integrity and character
of the district in which it is to be established or located,
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in that the Main street zoning regulations permit a res-
taurant use at this site. The primary use of the space will
be to provide bona fide meal service with ancillary alcohol
service. Provided the alcohol use does not become primary in
nature, the use should not impair the surrounding district.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that it would be within a commer-
cial complex fronting on Main street, a commercial boulevard.
4. The proposed use is compatible with any of the land uses
presently on the subject parcel if the present land uses are
to remain, in that the other present land uses are
commercial.
5. The proposed use would be compatible with existing and per-
missible land uses within the district and the general area
in which the proposed use is to be located, in that the
zoning of the site conditionally allows the proposed use.
6. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed use
would not be detrimental to public health and safety, in that
the site is located in an urbanized area adequately served by
existing infrastructure.
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7. Public access to the proposed use will be adequate, in that
102 on site parking spaces are provided, in addition to near-
by on-street and off-street public parking.
B. The physical location or placement of the use on the site is
compatible with and relates harmoniously to the surrounding
neighborhood, in that the ground floor restaurant takes ac-
cess from Main street, rather than Second Street, minimizing
effects on the Second street residential neighborhood.
9. The proposed use is consistent with the goals, obj ectives,
and policies of the General Plan, in that the Zoning Or-
dinance and the General Plan promote and encourage daytime
and nighttime activities in commercial areas.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare, in
that the site is zoned for restaurant uses.
11. The proposed use conforms precisely to the applicable perfor-
mance standards contained in Subchapter 6, section 9050 and
special conditions outlined in Subchapter 7, section 9055 of
the City of Santa Monica Comprehensive Land Use and Zoning
Ordinance, in that no performance standard permit is
required.
12. The proposed use will not result in an overconcentration of
such uses in the immediate vicinity, in that Main street is a
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commercially-zoned area, and there are four existing alcohol
licenses within a 500' radius of the site.
ALCOHOL OUTLET FINDINGS
1. The proposed use and location are in accordance with good
zoning practice, in the public interest, and necessary that
substantial justice be done in that the use is one which is
conditionally permitted in the CM District.
2. The proposed use is compatible with existing and potential
uses within the general area~ traffic or parking congestions
will not result~ the public health, safety, and general wel-
fare are protected; and no harm to adjacent properties will
result in that the restaurant would be compatible with exist-
ing retail and office uses in the area and adequate parking
is provided on site.
3. The welfare of neighborhood residents will not be adversely
affected in that according to the 1980 Census, there are over
500 residents within a 500' radius of the site, however oper-
ation of a bona fide restaurant taking access only from Main
Street is unlikely to adversely affect said residents.
4. The new alcohol license will not contribute to an undue con-
centration of alcohol outlets in the area in that this will
be a full service restaurant where food will be served during
all hours of operation.
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5. There will be no detrimental affect on nearby residentially
zoned neighborhoods considering the distance of the alcohol
outlet to residential buildings, churches, schools, hospi-
tals, playgrounds, parks, and other existing alcohol outlets
in that the restaurant space is not oriented towards the
residential neighborhood, takes access only from Main street,
and would be a bona-fide restaurant unlikely to create the
types of adverse impacts which might be associated with cer-
tain other types of alcohol outlets.
STANDARD CUP CONDITIONS
Plans
l. This approval is for those plans dated 8/16/90, a copy of
which shall be maintained in the files of the City Planning
Division. Project development shall be consistent with such
plans, except as otherwise specified in these conditions of
approval.
2. The Plans shall comply with all other provisions of Chapter
1, Article IX of the Municipal Code~ (Zoning Ordinance) and
all other pertinent ordinances and General Plan policies of
the City of Santa Monica.
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3. Minor amendments to the plans shall be subject to approval by
the Director of Planning. A significant change in the ap-
proved concept shall be subject to Planning Commission Re-
view. Construction shall be in conformance with the plans
submitted or as modified by the Planning Commission, Ar-
chitectural Review Board or Director of Planning.
Architectural Review Board
4. Prior to consideration of the proj ect by the Architectural
Review Board, the applicant shall review disabled access re-
quirements with the Building and Safety Division and make any
necessary changes in the project design to achieve compliance
with such requirements. The Architectural Review Board, in
its review, shall pay particular attention to the aesthetic,
landscaping, and setback impacts of any ramps or other fea-
tures necessitated by accessibility requirements.
5. Construction period signage shall be subject to the approval
of the Architectural Review Board.
6. Plans for final design, landscaping, screening, trash enclo-
sures, and signage shall be subject to review and approval by
the Architectural Review Board.
7. The Architectural Review Board, in its review, shall pay par-
ticular attention to the project's pedestrian orientation and
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amenities; scale and articulation of design elements; ex-
terior colors, textures and materials; window treatment;
glazing; and landscaping.
8. Landscaping plans shall comply with Subchapter 5B
(Landscaping Standards) of the zoning ordinance including use
of water-conserving landscaping materials, landscape main-
tenance and other standards contained in the Subchapter.
9.
Refuse areas,
screened in
storage areas and mechanical equipment shall
accordance with SMMC Section 9040.13-9040.15.
Refuse areas shall be of a size adequate to meet on-site
need, including recycling. The Architectural Review Board in
its review shall pay particular attention to the screening of
such areas and equipment.
Fees
10. The City is contemplating the adoption of a Transportation
Management Plan which is intended to mitigate traffic and air
quality impacts resulting from both new and existing develop-
ment. The Plan will likely include an ordinance establishing
mitigation requirements, including one-time payment of fees
on certain types of new development, and annual fees to be
paid by certain types of employers in the city. This or-
dinance may require that the owner of the proposed proj ect
pay such new development fees, and that employers within the
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proj ect pay such new annual employer fees related to the
city's Transportation Management Plan.
Construction
11. A sign shall be posted on the property in a manner consistent
with the public hearing sign requirements which shall identi-
fy the address and phone number of the owner and/or applicant
for the purposes of responding to questions and complaints
during the construction period. Said sign shall also indi-
cate the hours of permissible construction work.
12. A copy of these conditions shall be posted in an easily
visible and accessible location at all times during construc-
tion at the project site. The pages shall be laminated or
otherwise protected to ensure durability of the copy.
Environmental Mitigation
13. Ultra-low flow plumbing fixtures are required on all new
development and remodeling where plumbing is to be added.
(Maximum 1.6 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
14. To mitigate solid waste impacts, prior to issuance of a
Certificate of Occupancy, restaurant owner shall submit a
recycling plan to the Department of General Services for its
approval. The recycling plan shall include 1) list of
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materials such as white paper, computer paper, metal cans,
and glass to be recycled~ 2) location of recycling bins~ 3)
designated recycling coordinator; 4) nature and extent of
internal and external pick-up service~ 5) pick-up schedule.
Miscellaneous Conditions
15. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32 square
feet).
16. The operation shall at all times be conducted in a manner not
detrimental to surrounding properties or residents by reason
of lights, noise, activities, parking or other actions.
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17. street and/or alley lighting shall be provided on public
rights of way adjacent to the project if and as needed per
the specifications and with the approval of the Department of
General Services.
Validity of Permits
18. In the event permittee violates or fails to comply with any
condi tions of approval of this permit, no further permits,
licenses, approvals or certificates of occupancy shall be
issued until such violation has been fully remedied.
19. within ten days of Planning Division transmittal of the
statement of Official Action, project applicant shall sign
and return a copy of the statement of Official Action pre-
pared by the Planning Division, agreeing to the Conditions of
approval and acknowledging that failure to comply with such
conditions shall constitute grounds for potential revocation
of the permit approval. By signing same, applicant shall not
thereby waive any legal rights applicant may possess regard-
ing said conditions. The signed statement shall be returned
to the Planning Division. Failure to comply with this condi-
tion shall constitute grounds for potential permit
revocation.
20. This determination shall not become effective for a period of
fourteen days from the date of determination or, if appealed,
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until a final determination is made on the appeal. Any ap-
peal must be made in the form rec;rl".ired by the Zoning Ad-
ministrator. The approval of this permit shall expire one
year from its effective date, unless the relevant building
permit or business license has been issued prior to the per-
mit expiration date. One three-month extension of the permit
may be approved by the Zoning Administrator.
21. Condition 26 of CUP 370 shall be of no further force or
effect.
CUP ALCOHOL OUTLET CONDITIONS
1. No bar area shall be developed within the restaurant.
2. The owner shall prohibit loitering in the vicinity of the
restaurant and shall control noisy patrons leaving the
restaurant.
3. The primary use of the premises shall be for sit-down meal
service to patrons.
4. In order to maintain the primary use of the premises for sit-
down meal service, only patrons waiting to be seated shall
be permitted to order alcoholic beverages while standing in
the restaurant.
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5. The premises shall maintain a kitchen or food-serving area in
which a variety of food is prepared and cooked on the
premises.
6. The premises shall serve food to patrons during all hours the
establishment is open for customers.
7. seating arrangements for sit-down patrons shall not exceed
75 seats.
8. Take out service shall be only incidental to the primary sit-
down use.
9. No alcoholic beverage shall be sold for consumption beyond
the premises.
10. No dancing or live entertainment shall be permitted on the
premises.
11. Valet parking shall be provided after 7: OOpm daily. A sign
shall be posted that valet parking is available for patrons
of the Edgemar complex after 7:00pm. A charge may be levied
for valet parking. The valet service shall not park cars on
the surface parking lot after 9:00pm, with the exception of
vans and vehicles for disabled patrons. The valet service
shall not set car alarms. The valets shall meet vehicles at
Main street and return them at Main street. The valet ser-
vice shall close off parking on the surface parking lot by a
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system of sawhorses or other substantial deterrent to parking
after 9:00pm each evening the restaurant is open. (Cones are
deemed not to be substantial.) The restaurant operator shall
be responsible for any parking lot problems caused by the
valet service. staff shall review valet service regarding
compliance with these conditions after the restaurant has
been in operation for six months.
12. The establishment shall have the following permitted operat-
ing hours: 7:30am to l2:00am Monday through Thursday, with
last reservations taken for lO:OOpmi on Fridays, from 7:30am
to 1:00am, with last reservations taken for 11:00pm; on
saturdays, from 9:00am to 1:00am, with last reservations
taken for 11:OOpm; and on sundays, from 9:00am to l2am, with
last reservations taken for 10:OOpm. On New Year's Eve, last
reservations taken shall be for 11:00pm, and closing shall be
at 1:00am.
13. No expansion in number of seats or intensity of operation
shall occur without prior approval from the ci ty of Santa
Monica and state Alcohol Beverage Control.
14. Prior to issuance of a certificate of Occupancy, a security
plan shall be submitted to the Chief of police for review and
approval. The plan shall address both physical and opera-
tional security issues.
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15. Prior to issuance of a certificate of Occupancy, the
operator shall submit a plan for approval by the Director of
Planning regarding employee alcohol awareness training pro-
grams and policies.
16. Final plans for any changes to exterior design, landscaping,
trash enclosures, and/or signage shall be subject to review
and approval by the Architectural Review Board.
17. Minor amendments to the plans shall be subject to approval by
the Director of Planning. An increase of more than 10% of
the square footage or a significant change in the approved
concept shall be subject to Planning Commission Review. Con-
struction shall be in substantial conformance with the plans
submi tted or as modified by the Planning commission, Ar-
chitectural Review Board, or Director of Planning.
18. The applicant shall comply with all legal requirements
regarding provisions for the disabled, including those set
forth in the California Administrative Code, Title 24, Part
2.
19. Refuse areas, storage areas, and mechanical equipment shall
be screened in accordance with Sec. 9l27J.2-4 (SMMC). Refuse
areas shall be of a size adequate to meet on-site need.
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20. Prior to issuance of a building permit, the Building and
Safety Division shall review the proposed odor filtering sys-
tem for its adequacy.
21. Restaurant deliveries shall occur only via Main street. No
use of Second street for deliveries or customer access shall
occur. Deliveries shall not occur outside of the hours per-
mitted for restaurant operation.
22. Alcohol shall not be served in any disposable container such
as disposable plastic or paper cups.
23. No video or other game machines shall be permitted on the
premises.
24. Within thirty (30) days from date of approval (if approved)
the applicant shall provide a copy of the statement of Offi-
cial Action for this approval to the local office of the
state Alcoholic Beverage Control department.
25. This permit shall expire one year from the effective date of
approval unless required ABC permits are obtained. One
three-month extension of the one-year period may be permitted
if approved by the Director of Planning.
26. Fans and louvers for restaurant mechanical equipment, includ-
ing the odor filtering system, shall be directed towards Main
street and shall comply with the city's noise ordinance.
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27. Deliveries to the restaurant and trash pickup and recycling
for the restaurant shall only be permitted between 8:30am and
5:00pm Monday through Friday, and between 10:OOam and 5:00pm
saturday and Sunday. Trash shall only be transferred from
the restaurant to the exterior dumpsters between 9:00am and
11:OOpm. Dumpsters or other exterior trash containers shall
have rubberized lids. Restaurant dumpsters shall be locked
after 11:OOpm.
28. The operation shall at all times be conducted in a manner not
detrimental to surrounding properties or residences by reason
of lights, noise, activities, parking, or other actions.
Failure by the applicant to control any excessive noise by
restaurant patrons may be grounds for revocation of this
approval.
29. If the rights granted by this approval are exercised, this
Conditional Use Permit shall expire 16 years from the effec-
tive date of approval.
30. The applicant shall abide by any standard condition of ap-
proval which is adopted for general appl ication to alcohol
CUPs, including a designated driver program, after approval
of this CUP but prior to opening of the restaurant.
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31. This approval is for a Type 47 alcohol license.
32. In addition to its permitted use of Second street loading
zone by the museum, permitting use of the Second Street load-
ing zone by the museum, museum may contract wi th City for
regular trash pick-up from its Second Street exit. Should
museum space cease to be used as a museum, entrance from
Second street shall be prohibited, and use of Second street
exits will be permitted only as emergency exits.
33. The property owner shall irrigate and maintain the landscap-
ing in the northeast planter box so that it is healthy at all
times.
34. The restaurant operator is required to maintain the noise
level of the fan on Second street in accordance with City
ordinances andnot higher than the noise level as measured on
8/12/88.
35. The hedge along Second Street shall be maintained by the
property owner. The hedge shall be full and completely fill
in the space between the wall and the sidewalk.
36. Parking lot illumination shall be provided and maintained.
37. The outdoor patio shall not be used for restaurant service of
food, beverages, and/or alcoholic beverages.
Prepared by: D. Kenyon Webster, Principal Planner
Attachments:
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A. Municipal Code and General Plan Conformance
B. Radius and Location Map
c. Planning Commission statement of Official Action for CUP 90-
065
D. Councilmember Olson Appeal
E. Hans Rockenwagner Appeal
F. "Settlement to Appeals to CUP 90-065"
G. Statements of Official Action for CUP 370 and CUP 502
H. Floor Plans
I. Information concerning Filtration System
J. Miscellaneous correspondence
- --'
DKW:bz
PC/CUP90065
01/22/91
- 23 -
..6..
ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Land Use
Category Element Municipal Code
Permitted Use Restaurants
Height of Building NA
Number of stories NA
Building volume
Envelope NjA NjA
F.A.R. NjA NA
Parking Space Number N/A NIA
Trash Area NIA Trash enclosure
with minimum 5-8'
solid walls and
gate is required.
Mechanical Equip.
Screening
N/A
Mechanical equip-
ment extending
more than 12"
above roof
parapet shall be
fully screened from
a horizontal plane.
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project
Full Service
Restaurant
NA
NA
NA
Existing near Main
street.
Any new
roof equipment
will be subject
to ARB review.
I N'O JO...
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STATEMENT OF OFFICIAL ACTIOH
PROJECT
NUMBER: CUP 90-065
LOCATION: 2435 Main street
APPLICANT: Hans Rockenwagner
CASE PLANNER: O.K. Webster
REQUEST: Application to modify conditions of approval
for a previously-approved 75-seat restaurant.
PLANNING COMMISSION ACTION
12/5/90
Date.
x
Approved based on the following findings and
subject to the conditions below.
Denied.
other.
EFFECTIVE DATE(S) OF ACTION(S) IF NOT APPEALED:
12/20/90
EXPIRATION DATE(S) OF ANY PERMITS GRANTED:
12/20/91
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S)
3 months
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the
subject district and complies with all of the applicable
provisions of the IICity of Santa Monica Comprehensive Land
Use and Zoning Ordinancen, in that the restaurant is al-
ready permitted at the site via CUP 370, and that the sale
of alcohol is conditionally permitted in the eM District,
in that the sale of alcohol as a complimentary item with
meal service in the restaurant should not result in ad-
verse conditions.
- 1 -
2. The proposed use would not impair the integrity and
character of the district in which it is to be established
or located, in that the Main street zoning regulations
permit a restaurant use at this site. The primary use of
the space will be to provide bona fide meal service with
ancillary alcohol service. Provided the alcohol use does
not become primary in nature, the use should not impair
the surrounding district.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that it would be within a com-
mercial complex fronting on Main street, a commercial
boulevard.
4. The proposed use is compatible with any of the land uses
presently on the subject parcel if the present land uses
are to remain, in that the other present land uses are
commercial.
5. The proposed use would be compatible with existing and
permissible land uses within the district and the general
area in which the proposed use is to be located, in that
the zoning of the site conditionally allows the proposed
use.
6. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
use would not be detrimental to public health and safety,
in that the site is located in an urbanized area adequate-
ly served by existing infrastructure.
7. Public access to the proposed use will be adequate, in
that 102 on site parking spaces are provided, in addition
to nearby on-street and off-street public parking.
8. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that the ground floor restaurant
takes access from Main street, rather than Second street,
minimizing effects on the Second street residential
neighborhood.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the Zoning Or-
dinance and the General Plan promote and encourage daytime
and nighttime activities in commercial areas.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that the site is zoned for restaurant uses.
11. The proposed use conforms precisely to the applicable per-
formance standards contained in Subchapter 6, Section 9050
and special conditions outlined in Subchapter 7, Section
9055 of the City of Santa Monica Comprehensive Land Use
- 2 -
and Zoning Ordinance, in that no performance standard per-
mit is required.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicini ty , in that Main
street is a commercially-zoned area, and there are four
existing alcohol licenses within a 500' radius of the
site.
ALCOHOL OUTLET FINDINGS
1. The proposed use and location are in accordance with good
zoning practice, in the public interest, and necessary
that substantial justice be done in that the use is one
which is conditionally permitted in the CM District.
2. The proposed use is compatible with existing and potential
uses within the general area; traffic or parking
congestions will not result; the public health, safety,
and general welfare are protected; and no harm to
adjacent properties will result in that the restaurant
would be compatible with existing retail and office uses
in the area and adequate parking is provided on site.
3. The welfare of neighborhood residents will not be
adversely affected in that according to the 1980 Census,
there are over 500 residents within a 500' radius of the
site, however operation of a bona fide restaurant taking
access from Main Street is unlikely to adversely affect
said residents.
4. The change in the license will not contribute to an undue
concentration of alcohol outlets in the area in that there
are only 4 existing alcohol licenses with a SOD' radius of
the site.
5. There will be no detrimental affect on nearby
residentially zoned neighborhoods considering the distance
of the alcohol outlet to residential buildings, churches,
schools, hospitals, playgrounds, parks, and other existing
alcohol outlets in that the restaurant space is not
oriented towards the residential neighborhood, takes
access from Main street, and would be a bona-fide
restaurant unlikely to create the types of adverse impacts
which might be associated with certain other types of
alcohol outlets.
CONDITIONS
Plans
1.
This approval is for those plans dated 8/16/90,
which shall be maintained in the files of the
ning Division. Project development shall be
with such plans, except as otherwise specified
conditions of approval.
a copy of
Ci ty Plan-
consistent
in these
- 3 -
2. The Plans shall comply with all other provisions of Chap-
ter 1, Article IX of the Municipal Code, (Zoning Or-
dinance) and all other pertinent ordinances and General
Plan policies of the city of Santa Monica.
3. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept shall be subject to Planning Commission
Review. Construction shall be in conformance with the
plans submitted or as modified by the Planning Commission,
Architectural Review Board or Director of Planning.
Architectural Review Board
4. Prior to consideration of the project by the Architectural
Review Board, the applicant shall review disabled access
requirements with the Building and Safety Division and
make any necessary changes in the project design to
achieve compliance with such requirements. The Architec-
tural Review Board, in its review, shall pay particular
attention to the aesthetic, landscaping, and setback im-
pacts of any ramps or other features necessitated by ac-
cessibility requirements.
5. Construction period signage shall be subject to the
approval of the Architectural Review Board.
6. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
7. The Architectural Review Board, in its review, shall pay
particular attention to the project's pedestrian orienta-
tion and amenities~ scale and articulation of design ele-
ments; exterior colors, textures and materials ~ window
treatment; glazing; and landscaping.
8. Landscaping plans shall comply wi th Subchapter 5B
(Landscaping Standards) of the zoning ordinance including
use of water-conserving landscaping materials, landscape
maintenance and other standards contained in the
Subchapter.
9. Refuse areas, storage areas and mechanical equipment shall
screened in accordance with SMMC section 9040.13-9040.15.
Refuse areas shall be of a size adequate to meet on-site
need, including recycling. The Architectural Review Board
in its review shall pay particular attention to the
screening of such areas and equipment.
Fees
10. The City is contemplating the adoption of a Transportation
Management Plan which is intended to mitigate traffic and
air quality impacts resulting from both new and existing
development. The Plan will likely include an ordinance
- 4 -
establishing mitigation requirements, including one-time
payment of fees on certain types of new development, and
annual fees to be paid by certain types of employers in
the City. This ordinance may require that the owner of
the proposed proj ect pay such new development fees, and
that employers within the project pay such new annual em-
ployer fees related to the City'S Transportation Manage-
ment Plan.
Construction
11. A sign shall be posted on the property in a manner consis-
tent with the public hearing sign requirements which shall
identify the address and phone number of the owner and/or
applicant for the purposes of responding to questions and
complaints during the construction period. Said sign
shall also indicate the hours of permissible construction
work.
12. A copy of these conditions shall be posted in an easily
visible and accessible location at all times during con-
struction at the project site. The pages shall be lami-
nated or otherwise protected to ensure durability of the
copy.
Environmental Mitigation
13. Ul tra-Iow flow plumbing fixtures are required on all new
development and remodeling where plumbing is to be added.
(Maximum 1.6 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
14. To mitigate solid waste impacts, prior to issuance of a
Certificate of Occupancy, project owner shall submit a
recycling plan to the Department of General Services for
its approval. The recycling plan shall include 1) list of
materials such as white paper, computer paper, metal cans,
and glass to be recycled; 2) location of recycling bins;
3) designated recycling coordinator; 4) nature and extent
of internal and external pick-up service; 5) piCk-Up
schedule; 6) plan to inform tenants/occupants of service.
Miscellaneous Conditions
15. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
16. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
reason of lights, noise, activities, parking or other
actions.
- 5 -
17. street and/or alley lighting shall be provided on public
rights of way adjacent to the project if and as needed per
the specifications and with the approval of the Department
of General Services.
validity of Permits
18. In the event permittee violates or fails to comply with
any conditions of approval of this permit, no further per-
mits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully
remedied.
19. Within ten days of Planning Division transmittal of the
statement of Official Action, project applicant shall
sign and return a copy of the statement of Official Action
prepared by the Planning Division, agreeing to the Condi-
tions of approval and acknowledging that failure to comply
with such conditions shall constitute grounds for poten-
tial revocation of the permit approval. By signing same,
applicant shall not thereby waive any legal rights appli-
cant may possess regarding said conditions. The signed
statement shall be returned to the Planning Division.
Failure to comply with this condition shall constitute
grounds for potential permit revocation.
20. This determination shall not become effective for a period
of fourteen days from the date of determination or, if
appealed, until a final determination is made on the ap-
peal. Any appeal must be made in the form required by the
Zoning Administrator. The approval of this permit shall
expire one year from its effective date, unless the rele-
vant building permit or business license has been issued
prior to the permit expiration date.
21. Condition 26 of CUP 370 shall be of no further force or
effect.
ALCOHOL OUTLET CONDITIONS
1. No bar area shall be developed within the restaurant.
2. The owner shall prohibit loitering in the vicinity of the
restaurant and shall control noisy patrons leaving the
restaurant.
3. The primary use of the premises shall be for sit-down meal
service to patrons.
4. In order to maintain the primary use of the premises for
sit-down meal service, patrons waiting to be seated shall
not be permitted to order alcoholic beverages.
- 6 -
5. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
6. The premises shall serve food to patrons during all hours
the establishment is open for customers.
7. Seating arrangements for sit-down patrons shall not exceed
75 seats.
8. Take out service shall be only incidental to the primary
sit-down use.
9. No alcoholic beverage shall be sold for consumption beyond
the premises.
10. No dancing or live entertainment shall be permitted on the
premises.
11. Free valet parking shall be provided after 7:00pm daily.
A sign shall be posted indicating that free valet parking
is available for patrons of the Edgemar complex after
7:00pm with validation. The valet service shall not park
cars on the surface parking lot area after 9:00pm, except
for handicapped patrons. The valet service shall not set
car alarms on patrons' cars. The restaurant operator
shall be responsible for any parking lot problems caused
by the valet service. Staff shall review valet service
regarding compliance with these conditions after the
restaurant has been in operation for six months.
12. The establishment shall have permitted operating hours
from 7:30am to 12:00am Monday through Thursday, with last
seating at 10: OOpm, on Fridays, from 7: 30am to 1: OOam,
with last seating at 11:00pm, on Saturdays, from 9:00am to
1:00am, with last seating at 11:00pm, and on Sundays,from
9:00am to 12am, with last seating at 10:OOpm.
13. No expansion in number of seats, intensity of operation,
or outdoor areas shall occur without prior approval from
the City of Santa Monica and state Alcohol Beverage
Control.
14. Prior to issuance of a Certificate of Occupancy, a
security plan shall be submitted to the Chief of Police
for review and approval. The plan shall address both
physical and operational security issues.
15. Prior to issuance of a Certificate of Occupancy, the
operator shall submit a plan for approval by the Director
of Planning regarding employee alcohol awareness training
programs and policies.
- 7 -
16. Final plans for any changes to exterior design,
landscaping, trash enclosures, and/or signage shall be
subject to review and approval by the Architectural Review
Board.
17. Minor amendments to the plans shall be subject to approval
by the Director of Planning. An increase of more than 10%
of the square footage or a significant change in the
approved concept shall be subject to Planning commission
Review. Construction shall be in substantial conformance
with the plans submitted or as modified by the Planning
commission, Architectural Review Board, or Director of
Planning.
18. The applicant shall comply with all legal requirements
regarding provisions for the disabled, including those set
forth in the California Administrative Code, Title 24,
Part 2.
19.
Refuse areas, storage areas, and
shall be screened in accordance
(SMMC). Refuse areas shall be of a
on-site need.
mechanical equipment
with Sec. 9127J.2-4
size adequate to meet
20. Prior to issuance of a building permit, the Building and
Safety Division shall review the proposed odor filtering
system for its adequacy.
21. Restaurant deliveries shall occur only via Main Street.
No use of Second street for deliveries or customer access
shall occur. Deliveries shall not occur outside of the
hours permitted for restaurant operation.
22. Alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
23. No video or other game machines shall be permitted on the
premises. No juke box shall be operated on the premises.
24.
Within thirty (30) days from date
approved) the applicant shall provide
Statement of Official Action for this
local office of the state Alcoholic
department.
of approval (if
a copy of the
approval to the
Beverage Control
25. This permit shall expire one year from the effective date
of approval unless required ABC permits are obtained. One
three-month extension of the one-year period may be
permitted if approved by the Director of Planning.
26. Fans and louvers for restaurant mechanical equipment,
including the odor filtering system, shall be directed
towards Main street and shall comply with the City'S noise
ordinance.
- 8 -
27. Deliveries to the restaurant and trash pickup for the
restaurant shall only be permitted between 10: OOam and
4:00pm. Trash shall only be transferred from the
restaurant to the exterior dumpsters between 9: OOam and
11: OOpm. Dumpsters or other exterior trash containers
shall have rubberized lids.
29. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residences by
reason of lights, noise, activities, parking, or other
actions. Failure by the applicant to control any
excessive noise by restaurant patrons may be grounds for
revocation of this approval.
30. If the rights granted by this approval are exercised, this
Conditional Use Permit shall expire 16 years from the
effective date of approval.
31. The applicant shall abide by any standard condition of
approval which is adopted for general application to
alcohol CUPs, including a designated driver program, after
approval of this CUP but prior to opening of the
restaurant.
32. This approval is for a Type 47 alcohol license.
VOTE
Ayes:
Kaufman, Mechur,
Rosenstein
None
None
None
Morales,
Nelson,
Polhemus,
Pyne,
Nays:
Abstain:
Absent:
NOTICE
If this is a final decision not SUbject to further appeal under
the city of Santa Monica Comprehensive Land Use and Zoning Or-
dinance, the time within which judicial review of this decision
must be sought is governed by Code of civil Procedure Section
1094.6, which provision has been adopted by the City pursuant to
Municipal Code section 1400.
- 9 -
I hereby certify that this statement of Official Action accurate-
ly reflects the final determination of the Planninq Commission of
the city of Santa Konica.
signature
date
Ralph Mechur, Chairperson
Please Print Name and Title
I hereby aqree to the above conditions of approval and
acknowledqe that failure to comply with such conditions shall
constitute qrounds for potential revocation of the permit
approval.
Applicant's Signature
Print Name and Title
PCjrocsta
DKW:bz
- 10 -
Cl!y of
Santa Monica
Community and Economic Development Department
P1annl ng ami Zoning D1vts1on
(213) 458-8341
APPEAL FORM
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Please descnbe the projeCt and deciSIOn 10 be ~aled
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Please state the specific reason(S) for the appeal
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Name ROCKENWAGNER
~ 1416 - 4TH STREET, SANTA MONICA, CA 90401.
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CordIcl Ptr10n HANS ROCKENWAGNER PtI)nI 213/451-8633
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Cue Ntlnblr._ CUP 90-065 "
~__ 2435 Main Street~~nta Monica.YU4Uo
~ _ HANS ROr.KFNWAGNER
0rIgInII he.,;'; .. 12/5 ( 90
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12(19/90
We wIsh to appeal the valet parkIng requIrement. We belIeve the
requIrement WIll be prohIbIt1vely expenS1ve, will not funct10n
satIsfactorIly, and that t~e need for these onerous condItIons has not
been satIsfactorIly assessed. For these reasons we feel more
conSIderatIon should be gIven to the craftIng of thIS cond1tlon.
We feel that condItioning the hours of the last seating 1n add1tIon to
the tIme by WhICh customers must leave IS unnecessarily restrIctIve.
If the tIme of last seating must be stipulated, then we would llke to
request mInImally that It be 10:30 PM Sunday through Thursday and
11:30 PM on FrIday and Saturday; however, we feel that condItionIng
the tIme by whICh customers must leave (mIdmght Sunday through
Thursday and 1 k~ FrIday and Saturday) should be fully adequate.
We request that rather than beIng requIred to have rubberIzed trash
cans, that the request be only to have rubber trash can lIds. Hours
that trash may be emptIed are already condItIoned. Rubberized trash
dumpsters would need to be custom manufactured and would present
SIgnIfIcant maIntenance problems, and we would not be left the
pOSSIbIlIty of having our trash disposal company perIodIcally replace
a dIrty dumpster with a clean one.
.e- 7 yrt-L /.r - F
January 18,1991
SETTLE~ENT TO APPEALS TO CUP 90-065
CUP NUIlIBERt
LOCATION:
APPLICANT:
CASE PLANNER:
REQUEST:
CUP 90-065
2435 llIain Street
Hans Rocken~agner
D. K. Webster
Application to modify conditions of approval
for a previously approved 75-seat restaurant.
The folloll/ing is an agreement among Steve Spencer, as
representative of the neighbors listed below (proxies attached):
Anthony Boyar
Deborah Boyar
Curtiss A. Cotter
Dallln Cottar
Janet Gilbert
Jeff Gilbert
David Hill
Claudia P. Spencer,
Abby Sher, representing the EdgemaI' development, and Han.
Rockenwagner, applicant and restaurant operator, regardIng the
changes requested below. Jointly, II/e propose the follolll1ng changes
to the Statement of Official Action draft released January 12,
1991.
I. We wish to add the following conditions origInally approved
in CUP 502 and as contained in the Agreement I.posing
Restrictions dated October 2B, 1988:
1. Agreement lraposing Restrictions, page 4, SectIon A.
paragraph 33: "The property owner shall irrigate and
maintain the landscaping in the north.ast planter bo.
so that it is h.althy at all times." (CUP 502, page 3.
Special Condition NO.9).
2. Agr....nt IlIposing R.strictions, page 4, Section A.
paragraph 351 "The operator is requir.d to ..intain the
noi.. level of the fan on Second Str..t in accordance
.ith City ordinances and not high.r than the noi.. level
a. ....ur.d on 8/12/88." (CUP 502, page 4, Spec!al
Condition No. 14).
3. Agr....nt IlIposing R.strictions, page S, S.ction A.
paragraph 381 -The hedge along S.cond Str.et shall be
maintain.d by the property o~ner. The hedge shall b.
full and completely fill in the space b.t~..n the ..11
and the sidew.lk.ft (CUP 502, page 4, Sp.cial Condition
No. 17).
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Settlement to Appeals to CUP 90-065
January 18, 1991
Page 2
4. Agreement Imposing Restrictions, page 5. Section B.
paragraph 2t "Parking lot illumination shall be
provided and maintained." (CUP 502. page 2, Alcohol
Outlet Condition No.2).
5. Agreement Imposing Restrictions. page 5. Section C.
paragraph 2. "The outdoor patio shall not be used for
restaurant service of food, beverages, and/or alcoholic
beverages." (CUP 502, page 3, Special Condition No.2).
II.
Ide lIlish to
Statement of
indicated.
amend the
Official
follollling conditions of the draft
Action for CUP 90-065 to read as
1. Page 3, Alcohol Outlet Finding No. 31 Insert the word
"only" in the follollllng phrasel "... however operation
of a bona fide restaurant taking access only fro. ~a1n
Street "
2. Page 3, Alcohol Outlet Finding No.4. Substitute the
language contained in Alcohol Outlet Finding No.4, page
2, CUP 5021 "The nelll alcohol license will not
contribute to an undue concentration of alcohol outlets
in the area in that this 11I111 be a full service
restaurant where food lIIill be served during all hours
of operation."
3.
Page 3, Alcohol Outlet Finding No. SI
"only" in the following phrasel "...
from ~ain Street. ..."
Insert the lIIord
takes access only
4. Page 5, Environmental ~itigation finding No. '4' Add
substitute the .ord .restaurant" for "project. olllner'
R prior to issuance of a Certificate of Occupancy,
restaurant olllner shall submit ....
5.
Page Bt Validity of Per_it Condition No. 201
ot the last sentence, addl .... plus one
e.tension after one year..
At the end
thre.-lIonth
6. Page 6, Alcohol Outlet Condition No. 41 RIn order to
.aintain the prillary usa ot the pre.ises far sit-dollln
meal s.rvice, only patrons waiting to be s..ted shall
be permitted to order alcoholic beverages while standIng
in the restaurant..
~
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Settlement to Appeals to CUP 90-065
January 18. 1991
Page 3
7. Page 7. Alcohol Outlet Condition No. ". Valet parking
shall be provided after 7:00 p.m. dally. A sign shall
be posted that valet parking is available for patrons
of the Edgemar complex after 7:00 p.m. A charge may be
levied for valet parking. The valet service Shall not
park cars on the surface parking lot after 9100 p.m.
~lth the exception of vans and vehicles for handicapped
patrons. The valet service ~hall not set car alarms.
The valets shall meet vehicles at Iltain Street and return
them at ~ain Street. The valet service shall close off
parking on the surface parking lot by a system of
salllhorses or other substantial deterrent to parking
after 9:00 p.m. each evening the restaurant is open.
(Cones are deemed not to be substantial.) The
restaurant operator shall be responsible for any parking
lot prOblems caused by the valet service. Staff shall
rev i e III val e t !I e r vie ere gar din g com p 1 i a nee lIII i t h the ...
conditions after the restaurant has been in operation
for six months.
B. Page 7, Alcohol Outlet Condition No. 12. Substitute the
~ords "lIIith last reservations taken for" for the lIIIord
"seating". After the last sentence add "On New Yearts
Eve last reservations taken shall be for 11100 p.II., and
closing shall be 1.00 a.m.".
9 .
Page 7,
outdoor
Alcohol
areas".
Outlet
Condition
No.
13.
Delete
"or
10. Page 8, Alcohol Outlet Condition No. 21. Delete the
last sentence ("Deliveries shall not occur outside of
the hours permitted for restaurant operation.").
1 1 .
Page a, Alcohol Outlet
last sentence ("No juke
premises.").
Condition No.
box shall be
231 Delete
operated on
the
the
12. Page 8, Alcohol Outlet Condition No. 27. Revise
condition to reads "Deliveries to the restaurant end
trash pick-up and recycling for the restaurant shall
only be permitted bet~een BI30 a.m. and 5.00 p... Nonday
through Friday, and between 10100 a.m. and 5100 p...
Saturday and Sunday. Trash shall only be transferred
from the rest~urant to the exterior du.psters bet...n
9rOO a.m. and 11.00 p.m. Dumpsters or other exterior
trash containers shall have rubberized lids. Re.taurant
dumpsters shall be locked after 11100 p..."
~
\ \ I ~'ll
s~) c
,V1\
Settlement to Appeals to :UD 90-065
January 18. 1991
Page 4
T T T
J. ... ..... .
We ~Lsh to add the followLng language to Condltion No. 2A,
page 5. i~ the Agreement Imposlng RestrictLonS dated October
28, 1386, (orlgLnally from CUP 370): ftln addltion to lts
permltted use of the Second Street loading zone by museum.
museum may contract wlth Clty for regular trash plck-up from
its Second Street eXlt. Should museum space cease to be used
as a ~useum. entrance from Second Street shall be prohlbited
and use of Second Street exits wlll be permLtted only as an
emergency exits.
We wish to
Statement
page a).
call your attentlon to
of Officlal Action has
the fact that
no Condition
the draft of the
No. 26 (bottom of
In addltion to agreelng to the requested changes, both Ms. Sher
and Mr. Spencer agree to use their best efforts to counsel other
interested partles of the acceptability of these conditions and to
elicit the support of concerned members of the public. 11I8
sincerely hope the City Councll will approve these changes in their
entlrety. We believe that as crafted, they are conditions which
are both workable for the development and protective of the
neighborhood.
-- ~~- ~~---~~---------
Ab~Y~5~er L (
Principal / 1<6 qt
Edgemar Develop ent
1/: tl --y" ct; /
; ; -. )~ r'
L ,..! (/1 .,f , I ,rJ)_ / / /,jJ
\-1 -'.~J .v Y YV I [,"- ~
~: ~~-J~;~:;~::::::r1---/---(
J I . r.;
I( {t --I I
I
,
Hans Rockenwagner
Restaurant Operator
AS/SS/Jb
Attachment
cc: Craig ~cDonald
Ralph ~echur
Alison St. Onge
(~~fK{i, &-
--,..
EXHIBIT 2
~
--
STATEM~NT OF OFFICIAL ACTION
PROJECT.
NUMBER: DR 253, C.U.P. 370, Z.A. 4831-Y. EIA 773
LOCATION: 2435 Main Street
APPLICANT: Abby Sher
REQUEST:
Renovation of Exist~n9 20,650 Sq. Ft. Building and
Construction of a 3 Story 16,900 Sq. Ft. Bu~ldin9 for
a Mixed-Use Development Includ~ng Reta~l, Office and
Art Museum Space.
PLANNING CO~mISSION ACTION:
2-4-85
Date.
x
Approved based on the following find1ngs and subje~t to
the conditions below.
Den1ed.
O~her .
Flnd~n~s.
1. The development is consistent .....ith the find1nq8 and pur-
pose of ~rdinance 1321 as set forth below.
2. The physical location and placement of proposed structures
on ~. aite are compatible with and relate harmoniously to
surrounding sites and neighborhoods in that the project
will be subject to the standards in the Land U.. Element,
certain variance. and Conditional Use Permits.
3. The existing and/or propos.d rights-of-way for both
pedertr1an and automobile traffic will be adequate to ac-
C~ oaate ~e anticipated results of the proposed develop-
men~ including off-street parking facilities and acce.s
th.r.~o in tha~ a detailed analysis haa been performed by
profe..ional consultants to the applicant. Their finding.
demonstrate that 80 parking space. on aite together with
additional public parking capacity available in Lot 11
across Main Street from the project site will be adequate
to JMoe~ the demalld generated by this projec't under a
shared us. system.
4. The existing and/or proposed public and/or private health
and safety facilities (inCluding. but not limited to,
. ....-.. ..
EXHIBIT 2
Paae. 1 of J
- 1 -
---.It
sanltatlon. scw~rs. storm ~r~lns. flre protQctlon davlees.
protectlve serVlces, and publlC utIlitIes) .....111 be ade-
quate to acconunodate the ant.IcIpated results of the pro-
posed development.
5. The proposed development, wIth the condItIons outlined
below, 15 conslst.ent WIth the polIcies of the adopted Land
Use Element, and WIll not preJudIce the adoption of a re-
VIsed Zon1ng OrdInance and 15 consistent WIth the stan-
dards for the MaIn Street SpeCIal CommerCIal DIstrIct in-
corporated 1n the Land Use Element WIth approval of re-
quested CondIt10nal Use PermIts and parkIng VarIance.
CCndl.tlonal Use Permit Flnd1ngs. (To Extend CommercIal Use of R3
Land)
1. The proposed use and locatIon are in accordance with good
zonIng practIce, 1n the publIC interest and necessary that
substantIal justIce be done In that since 1948 the R3 por-
tIon of this property has been used for commercial pur-
poses and that in thIS proposal resident1.al units will
also be Included 1n the R3 portion of the property.
2. The proposed use IS compatIble with existIng and potential
uses with1.n the general area, traffic or park1.ng conges-
tIon will not result, the public health, safety -and
general wel fare are protected and no harm to a.djacent
propert~es will result in that there will be no access to
thIS 'development from Second Street.
Var1ance F~ndIn9s. (For 2 Foot Setback)
1, The 5tr~ct appllcat~on of the provl.sions of the ZonIng
Ordlnance would result in practical dIfficulties or un-
necessary hardships inconsistent with the general purpose
and ~nte~~ of the Zon~ng Ordina.nce (Article IX, SMMC) in
that a large portion of the reduced frontage on Main
Street 1. an existing condition that should be maintained
out on the new structure in order to provide consistency
in the total project design.
2. There are exceptional circumstances or conditions ap-
plicable to the property involved and to the intended use
and develament of the property that do not apply generally
to other property in the .ame zone or neighborhood in that
m.in~.ining a two foot .etback for the entire project will
provide continuity to the entire development.
3. The granting of a variance would not be materially
detrimental to the public wel fare or injurious to the
property or improvements in such zone or neiqhborhoo4 in
which the propertY" i. located in that varied .etback. on
the second and third floor. .. well a. a central courtyard
of approximately 2,500 .q.ft. will be provided to off.et
this reduced front setback.
.
- 2 -
EXHIBIT 2
Page 2. of 1
-.
~ondltlonal Use PermIt Flndln9s. (For Restaurant)
1. The proposed use and locatlon are ~n accordance w~th good
%on1n9 practlce, In the publIc Interest and necessary that
substant1al justlce be done 1n t.hat IncluSIon of a res-
taurant is vital to the suecess of this development be-
cause lt will complement the museum as well as the other
uses.
2. The proposed use 1S eompat1ble wIth eXlstln9 and potential
uses withIn the general area; traff1.c or parltlng congea-
t1.0n will not result, the publ1.c health, safety and
general wel fare are protected and no harm to adJAcent
propertles wl1l result ln that the restaurant will be both
physically and v1sually separated from Maln Street, and
will be located ln the middle of a long block with few
exist1ng restaurant seats. The anticipated parking demand
will be accommodated on site and the restaurant hours will
be Ilmlted to those outl1ned in the conditions below.
Variance Flndlnss (for ParKIns)
1. The strlct ~applicat10n of the prov1slons of the Zoning
Ordlnance would result 1n pract1cal difficul t1es or un-
necessary hardships lnconSlstent with the general purpose
and lntent of the Zonlng Ordinance (Art1cle IX, SMMC~ in
that It has been demonstrated that under a shared us. .ys-
tern approximately 100 parking spaces will be adequate to
meet. the demand generated by this proJect with ltS par-
t1cular compos1tion of use, including off1ce, 1/3 neigh-
borhOOd commercial retail uses, a restaurant and museum.
(80 on site plus 20 available 1n Lot 11)
2. There are exceptional circumstances or cond1tions ap-
plicable- to the property involved and to the intended use
and develppment of the property that do not apply general-
ly to other property in the same zone or ne1ghborhood in
that the combination of different uses in the development
project and their respective peak-hour parking require-
ments create a lower demand for parking at anyone point
in time than would be the case were the uses to exist at
separate locations.
3. The granting of a variance would not be materially
d.~ri..ntal to t.he public welfare or injurious to the
property or improvements in such zone or neighborhood in
which the property i. located in that 801 of t.he parking
needs generat.ed by this project under a shared us. system
will be provided on site and additional public parking is
available across Main Street in Lot 11.
4. The granting of a 'Variance to permit. t.he parking for the
mus.um to be located in a public parking lot is ...ential
or de.ireable to the public convenience or welfare in th.~
a non-profit cultural us. for the public's benefit will be
provided. .
..
- 3 -
EXHIBIT 2
Page 3 of 7
... ~~-
..
CondltJOns.
1. The Arehlteetural Rev~ew Board, In thelr reVlew, shall pay
part~eular attent~on to the proJect's pedestrlan or~enta-
ticn and pedestrlan amenltles; scale and art~eu1atlon of
deslgn elements: exterlor colors, textures and materlals:
wlndow treatment: glaz1n9: and landscaping to insure that
a SUl table trans 1 t~on l5 prov ~ded between the eXlsting
buildlng and the new structure. Partlcular attention
shall be pald to the design of the Second Street eleva-
tlon, .....a11 and fences to insure that it relates harmo-
nlously to the resldentlal nelghborhood on Second Street.
Recessed areas which lnclude landscaplng and/or seatl.ng
areas shall be consl.dered.
2. Minor amendments to the plans shall be subject to approval
by the Dlrector of Planning. An increase of more than 300
sq. ft. or a signl.fl.cant change in the approved concept
shall be subject to Planning Commission Review. Construc-
tlon shall be in substantl.al conformance w1th the plans
submitted or as modified by the Planning Commission, Ar-
chl. tectural Review Board or Dlrector of Planning. Res-
taurant seats may not exceed 75 l.nclusl. ve of any patio
seatlng areas for the restaurant.
3. The rights granted hereJ.n shall be effective only when
exerclsed withl.n a per.1od of one year from the effective
date of approval. Upon the wrl.tten request of the appli-
cant; the D1rector of Plannl.ng may extend this period up
to an add.1tional six months~
4. The appl1cant shall comply w~th all legal requirements
regardlng prOVl.S10nS for the dJ.sabled, .1nclud.1ng those set
forth .1n the Californl.a AdminJ.stratJ.ve Code, Title 24,
Part 2. '. The Architectural Review Board shall pay particu-
lar attel)t1on to the types of entries provided to the
leasable retail spaces on Main Street to insure that pro-
visions for the disabled are met in compliance with Title
24.
5. The parking lot shall be striped, screened and land8caped
in conformance with Sec. 9l27.J.l and Sec. 9129.F.7
(SMMC). Final parking lot layout and specifications shall
be subject to the review and approval of the Parking and
Traffic Engineer.
6.
Refu.. are.., storage are.s
be .ereened in accordance
Retus. area. shall be of a
need.
and mechanical equipment shall
with See. 9117J.2-4 (SMMC).
size adequate to meet on-.ite
7. A 6 foot .olid ma.onry wall shall be provided along prop-
erty lines which abut residential property in accordance
with Sec. 9127.1 (SMMC). A two foot .etback fro.. the
north property line .hall be provided and ahrubbery ahall
be provided along both sidea of the wall.
- 4 -
EXHIBIT 2
Plge 4 of 7
--
~
---
8. The opcratJ on sha 11 at. ('ill t:lnlC'S bE' eonductel1 1n c'l manner
not det.r:lment.al to surrounuJ.ng propertles or resldcnts by
rea.on of llghts. nOlse. aetlvltles. parKlng or other
actions.
NO noise
shall be
buildings.
10. proJect deslgn shall comply wlth the bUlldlng energy req-
ulat10ns set forth 1n the Callfornla Admlnlstrative Code,
Tltle 24. such conformance to be verlfied by the BU11ding
and Safety Dlvlsion prlor to issuance of a Buildlng
Permlt.
9.
generatlng compressors
placed adJacent to
or other such equlpment
nelghboring residential
11. Openable w1ndow& shall be provided throughout the proJect,
in a manner conslstent with applicable bU1lding code and
energy conservat1on requ1rements.
12. The existing drlveways and aprons. located on Main Street
and Second Street as specified in the plans shall be
removed and the existlnq curb cuts replaced with standard
curb and gutter per the speclflcations of the Department
of General Services.
13. Street trees shall be malntained, relocated or provid~ ..
requlred 1n a manner consistent with the Clty'S Tree Code
(Ord. 1242 CCS), per the speclfications of the Department
of Recreat10n and Parks and the Department of General Ser-
Vlces. No street tree sha,ll be removed wlthout the ap-
prov~l of the Department of'Recreation and Park..
14.
Street light~ng shall be provlded on
adJacent to the proJect if and
specif~cation8 and with the approval
General S,rvices.
public rlghts-of-way
as needed per the
of the Department of
15.
Ground
public
( SMMC ) .
floor street
invited uses
frontage us..
a. defined
shall be 1imi ted to
in Section 9119B.4..
16. On-sit. parking shall be made available without coat to
building cuatomers and employees. A sign shall be posted
in ~. garage to indicate this.
17. If nec..aary to alleviate parking eonge.tion during .pe-
cial mu..um events which occur in the evening. the Mu.eum
shall provide a free shuttle service to alternate parking
lots.
18. The restaurant hours shall be limited to Sunday-Thursday,
8s00 a.m.-9:30 p.'lff. and Friday-Saturday, 8.00 a.II.-ll,OO
p.m. Employee preparation and cl.anup aball be limited to
on. hour prior to opening and one hour after cloaing.
Restaurant seat. may not exc:.ed 75. The Mu..um Theatre
ahall be closed between t.he hours of 11130-1:30 p.m. and
- 5 -
EXHIBIT 2
Page 5 of 1
.......
6:00-8:00 p.m. except for groups urr1Vlng 1n h19h occupan-
cy veh~C'les.
19. Any slgn1.flcant change of use or change 1n intenslty of
use from those uses approved as part of thl.s Development
Review Permit, for example any change for the proposed
museum space to be for somethlng other than a non-proflt
museum or denslty lncrease of the restaurant shall require
that additlonal parklng be provlded to meet Municipal Code
requlrements.
20. The parlung varlance perm1ttlng museum parlung totalll.ng
20 spaces to be located 1n Lot 11 shall explre after one
year following receipt of a Cert1f1cate of Occupancy for
the museum or 80% occupancy of the development, whlchever
shall occur first, and the developer shall provide atten-
ded tandem parJung for 20 cars on site, a plan of which
snaIl be approved by the Park1ng and Traffic Engineer.
The developer shall have the option of returning to the
Plannl.ng Comnl1ssion w1th a request to extend the parking
varlance. Should the Plannl.ng Comm1ssion determine to
extend the var1ance for 20 museum parJu.ng spaces. said
extension shall not exceed four years WJ.thout addJ.tional
reV1ew.
21. The developer shall notify potential tenants of po..ible
overflights and respective aJ.rcraft noise, as required by
the Divl.sion of Aeronautics, Department of Transportation.
22. The Cond1tl.Onal Use PermJ.t ,to permlt a commercial use to
be located on the R3 portJ.on of the property shall be ef-
fectJ.ve through July 1, 2020. unless extended by the Plan-
nl.ng COmml.SSlon.
23. One thJ.rd of the ground floor reta1.1 lease space. exclu-
sive of ~pe restaurant and museum shall be designated for
leasing to neighborhood commercial uses.
24. The Developer shall mainta1n the Second Street elevation
including the Second Street s1dewalk and walls and fence.
in a clean manner.
25. No ace... from the Second Street elevation other than
alarmed emergency exits or keyed entrances which are unac-
ce..ible to the general public shall be prov1ded.
26. The Conditional Us. Permit permitting the restaurant shall
expire after 10 years following any clo.ure of the museum.
27. The museum shall provide fr.. admission for a minimum of
one day p.r month and shall be free at all time. to chil-
dren unOer 12 year. of age When accompanied by an adult.
28. The lea.... of the ground floor retail .pace .hall make an
affirmative effort to give priority to loeal re.ident. in
regard to hiring. The emploYment opportuniti.. shall be
- 6 -
EXHIBIT 2
Pa~ 6 of 7
~
...
made publlC to the neighborhood ~n advance of Los Angeles
advertl sements in a local newspaper with C1 ty-wJ,de C1r-
cuIation. coples of announcements mal1ed to the Oceftn Park
Community Organlzatlon. the Clty.S Communlty Nelghborhood
Services Division and other local orqanizatlons as recom-
mended by the City which are l1kely to be aware of Santa
Monica residents seek1nq employment.
29. The aval1ability of park1ng 1n City Lot fll shall be indi-
cated on museum announcements. brochures and 1i terature
for publlC d1strlbution.
30. The two residential units proposed to be located on the
third floor shall be deleted.
31.
The above conditions shall be
against the land ::>1nding upon
est, in a form ap~~oved by the C
3 -If-\~
Date
a covenant
in inter-
KR:nh ST253
~
- 7 -
EXHIBIT 2
. . .P... 7 _pf 7
PROJECT
NUMBER:
LOCATION:
APPLICANT:
REQUEST:
HBIT J
-.....
STATEMENT OF OFFICIAL ACTION
CUP 502
2435 Main Street
A):)})ey Sher
To extend the operating hour. of the previously
approved 75 ..at re.taurant and to permit an on-
sale beer and wine lieen... -- - . -- ..-. - _ _.
.
CITY COUNCIL ACTION
8/9/88
X
Oat..
Approved ba.ed on the followinq tin4inqa and
8ubjeet to the condition. below.
Denied.
Other. Approval of . beer and win. licen...
EXTENSION OF OptRATING HOURS FINDING
1. The propo..d u.e i. compatible with the existing and po-
tential u... within 1:11e qen.ral area in that the condi-
tion. ot approval, which include a wall battle and planter
box, valet parkin9, tra.h receptacl.. with rubber lid., ..
well a. a perforaance tKmd, vill in.ur. _it.iliatioD of
noi.. that could be vaner.tad lata in 1:he evening by vehi-
cle., patron., and tra.h receptacle..
ALCOHOL OUTLET PIN DINGS
1. Th. p~ed u.. and location are in accordance with 9004
&on11\9 pract:l~, 1n the public 1n~ere.t, and n.c...ary
that. ~.t.antlal justic. be done 1n that the u.. i. of a
type qteeiflcally encouraged by the Land O.e El..ent of
the Geaeral Plan, incorporating a neighborhood a. well a.
vi.i~or ..rving co...rci_l u.. Which, vi~ li.ltact
operating hour. an4 ll.itect to a b.ar _n4 wine lieanse,
wlll not adver.ely affect ~e adjoinin9 nei,hborhood.
2. Th. propo..d u.. 1. compatible with axi.tinq and potential
u... within the genera1 ar.a, traffic or parking
conge.t.lona will not r..ul ta the public b..l th., .afety,
and general welfare are protected, and no hara to
- 1 -
EXHIBIT 3
Page 1 of 4
~
adjacent properties will re.ult in that the u.. vill
co.pl...nt the .urroun4inq retail and .u..ua u....
3. The welfar. of neighborhood r..1dent. will not be
adv.r.ely affected 1n that there 1a no ace... to the
project froa Second Street.
4. The new alcohol 11c.n.. will not contribute to an undue
concentration of alcohol outlet. in the are. in that this
will be a full .ervice re.taurant where food will be
served during all hour. of operation
Ther. will ~. no detrimental effect on nearby
residentially zoned neighborhood. conaidering the di.tance
of the alcohol outlet to r..idential bul1d~n9., churche.,
schools, hospital., playground., parka, and' otber exiat1nq
alcohol outlet. in that the r..taurant i. not located in
an area with a large concentration of school. or churche.,
ita hours of ev.ning p.ak u.. will not coincid. with
school or church hour. and the conditions of approval will
minimize the potential effect. on adjacent propertie..
.
5.
ALCOHOL OUTLET CONDITIONS
1. The re.taurant ahall not ..rve beer and wine 1n the bar
area atter 9:30 p... during the week anc! 11 p.a. oa"
weekend. bu~ may continua to ..11 alcoholic beveraq.. in
tha dining area.
2. Parking ;o~ illumina~lon shall be provided and maintained.
3. The owner ahall prohibit loiterinq in the parking ar.. and
.hall control noi.y patron. l.avinq ~ha re.~.uran~.
4. The pri.ary u.. of the pr_i... shall be for .i~-down ..al
..rvic. to patron..
5. In order to ..inta1n the prl..ry u.. of the prami... tor
sit-dOwn .a.l ..rvlca, patron. .ball not ba paraitted to
u.e the bar unl... they are wa1tln9 to ba ...tad tor .eal
..rvic...
6. Th. p~.a. ahall ..int.in a kitch.n or food-..rvinq area
1n vb1ab . variety ot food 1. prepared and cooked on the
pr_l_.
7. Th. pr..1... ahall ..rve food to patron. durin9 all hour.
the ..tuliahll.n1: 1. open tor cuato.ar..
a. Saatlnq arrange.ant. for ait-down patron. .hall not exc..d
75 ...t..
SPECIAL CONDITIONS
1. St.and-up bal'. ahall not. be pAnalt.tacl.
- 2 -
EXHIBIT 3
Page 2 of 4
~
--
2. The outdoor patio shall not be used for d1ning or consuap-
tioD~f alcoholic beverages.
/'
3. Trash piCk-up shall be re.tricted to Main Street.
4. Fre. valet parking shall be provided on the proj.ct ait..
5. The Building and Saf.ty oivision ahall review a filtering
system which will adequately reduce restaurant odors
6. The operating hour. on sunday-Thursd.y .hall be 8:30 ....
to 12 a... .nd on Friday .nd Saturd.y 8:30 a... to 1:30
a.m. Openinq hours shall be defined aa the time the doors
may open for busin... and the clo.ing hour. a. the time at
which customers must have left the pr.mi.... No trash may
be taken out atter l1:00 p.m.
7. A sound barrier shall be constructed on the north side
substantially in accord with the tollowing d.scription and
.s illustrated by the attached diagram. The north .1de
wall first ahall be lowered to the window ledge of the
existing re.idence. on the north aid.. A planter box
shall be construct.d on top of the re..lnln9 wall with an
angled extension built of marin. qrad. plywood angled .~
no le.s than 30 degre.. and no more than 45 degr... traa
the wall reaChing a vertical height at leaat equal to the
height of the top window sill and such .. to not p.netrate
the 1in. of sight tro. the middle 2/3 of each window to
the top of tha bi~h.st building on tbe project ait..
8. That the planting in the planter box shall be acceptable
to re.id.ent. of adjacent dW.lling, and ahould include
vine-like planting. which grow over the planter box
extension.
9. That the developer .hall irrigate and aaintain the land-
.caping in ~. planter box r.t.rred to in number 8 above
such that 1t 1. h.althy at all ti....
10. That. a valet parking .y.t_ b. required b.qinninq at ,
o'clock p.a. to park all car. (exc.pt vana) entering the
proj~ 1n tbe underground parking. The valet ahall ..et
veh1a:le. at ~. Main Street gat. and return the. to
pat.rana a~ the .... gat.. No car alarm. will b. acti-
vated. Valet ..rvic. shall b. fr.. of charq..
11. All tra.h raceptacle 1i4. shall b. made of rubber or plas-
tic. Trash bins shall have rubber lid..
12. Signag. .hall ~ in.talled to re.ind val.t operator., ..-
ploy... takinq out trash and patron. to a9014 undue noi.e
potentially disturbing to re.idant..
13. 5191\a9. dir.cting r..taurant and other patron. to the
front qate along Main Str..t. to pick up car. .hall be
installed.
- 3 -
EXHIBIT 3
Page 3 of 4
11II
14. The operator i. required. to aaintain the noi.e level of
the tan on Second Str.et in accord.ance with City ordinan-
c.. and not higher that the noi.. level a. .easured on 8-
12"'S8.
15. The Developer i. required to post a $15,000 performance
bond with rele... .s follows:
$5,000 ahall )). released upon satisfactory completion
of north.ide plantlnq/noi.. barri.r. sign otf by the
Zoninq Administrator ahall b. obtained prior to
releas.,
... .. -...... -
$1,000 ahall ~. rele..ed upon .atistactory in.t.ll.tion---~
of a1qnaq., rubber trash r.ceptacle.,
$4,000 .hall be rele...ct upon satisfactory imple.enta-
tion of valet parkin9 ayste.,
$5,000 shall b. ralea.ect upon verification by the
Zoninq Administrator of five year. of substantial co.-
pl1anee with all condition. ot the CUP.
16. No occupancy of the r..taurant ahall be allowed until the
sound barrier ia installed an4 mad. effective t~ prevent
unreasonable diaturbanca. to .urrounding ra.idenc...
17 . A hadg. .hall be planted alonq Second Stre.t fro. the
north property line to the north encl of the r.staurant
building at a haivht ot 8 fe.t to 10 t.et at the time of
installation. The h.dg. ahall be full and completely till
in the apace betwe.n the wall and the aidewalk.
VOTE
Ay..:
Nay.:
Abstain:
AJ::I..nt:
COM, Pinkal, ".nnin9., A. Katz, Zan.
Non.
None
B. JCa~., bed
J b.r.~ ~1~7 ~..~ ~.ia .~.t...a~ of Official Aotioh
accurate17 ~.fl.o~. ~.. fiaal d.~eralD.tioa of the City couDoil
of the City of .u~a Kolllca.
8ignature
date
print na.. and title
EXHIBIT 3
Page 4 of 4
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rem ova' 01 four..inch pleated
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WSA housings a,.. aU heavy..
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carbon holding panell.
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are avaUable as an option.
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HIM.... MIry All JI11tI>.._
August 16, 1999
Mr. Paul Berlant
ulrector, Plannlng and Zonlng
CIty of Santa Monica
1685 Maln Street
Santa Monlca, CA 994lU
Dear Mr. Berlaat:
I wIsh to obtain permIssIon to open a restaurant at 2435 Main Street,
1n the Edgemar project.
II: 1S my t.1nJerstanding thaI: two Conditional Use Prnmits were issued
for this site, CUP 37lJ lSSUed February 4, 1985 (see Exhibit 2) and CUP
502 1ssued August 9, 1988 (see Exhlbi t 3) ~ According to the attached
letter frail Edgemar Develo!;1tlellt's attorney, Jonathan Horne (see
Exhlb1t 4}, COP 379 is stIll in force, and a restaurant is therefore
still app~ovei for this SIte. However, CcnUtional Use PermIt 5(jJ2 has
lapsed throlJl)b the passage of time.
r am requestlng. to reinstate CUP SG2 with a few no:lifications.. These
mochfications should have- no negative illplct on the surrounding
ne1ghborhood, am should make the conditions more suitable to my
restaurant 19- operation. I am 1n the proc::ess of contacting
representatl ves of the local neiqhborhood and neighborhood
organl zatlOns- to dlseuss my applieat.ion with thEm.
My wife and I currently operate two restaw:aats. one is in Venice
(Rockenwagner) and has been in operation for five yeaEs. The newer
one (Fama) is- in SBnta ptgnica and has been in operation one year.
I wish to !lOve Rac:Jtenwaqner into !dqemar and plan to serve breakfast,
lunch am ~J:', 'with informal take-out service available throughout
the day. .
we wish to reinstate the lapsed COP SQ2 incorporating the following
modifications:
CUrrently COP 5"2 permits a beer and wine license. In addition to
reinstating the beer and wine approval within CUP 582, the applicant
also wishes to obtain pemission for a full liquor license. We have
had a beer and wine license at Rockenwaqner for five years with no
1DZ1 WIlt WMNngIan Ib~ ....... CIIIamIa iWi. 21~ 8M
--
Paul Berlant
DIrector, Planning and ZonIng
August 16, 199&
Paqe 2
corrplaInts, and at Fama for one year with no CUfnplalnts. we will have
no bar within the establishment. We are an eatIng establ1st'ment, but
wIsh to grovlde our customers with the optIon of orderIng an alcohollc
beverage to accompany theIr meal should they wish to do so.
we WIll provlde an Alcohol AwareneSS Program for =l~loyees informIng
them of ABC regulatIons and training them to deal with alcohol
consumptlon-related problems should any arIse.
Condltions 4, 1~ & 13 of the lapsed CUP all pertain to valet parkIng:
We WIsh to prOVIde attendant parkIng rather than valet serVlce, and
propose ~~e following system:
A parking boOth WIll be installed near the entrance to the
parkIng lot with an attendant on duty fran 8:(,J0 PH until
11 :00 PM. (OW: valet service was previously to have started
at 9:99 PM.) As cars enter the lot, they will be directed
to the subterranean parking lot. Patrons will then take the
elevator directly to the courtyard, never surfacing onto the
grade-level lot. As cars which were parked on the grade-
level lot before 8:99 PH leave, the attendant will place
cones to block off the E!!Il{)ty spaces, further discouraqinq
grade-level parking. When the attendant arrives on duty, he
or-she will place a sign at the entrance to the parking lot
remuxHng patrons to be consIderate of neighbors. The
attendant will further remind them as they enter the lot.
The advantages are many:
1. Urder the valet system, the restaurant tenant is to
provide free valet parking, but no other tenants in the
Edqemar project or on the rest of Main Street must use
this parking. Thus custaaers of other stores and
restaurants can park their cars In the grade-level lot
after 9 PM, as they do now. The proposed systEm will
regulate all cars caning into the lot, and probably
disc:ouraqe non-!dgemar custaoers' use of the lot.
....
Paul Berlant
Director, PlannIng and Zonlng
August 16, 1999
Page 3
2. Valet careaOles are hard to control. Once fazUlliar
wlth a lot, their t:lI~loyees tend to drive with less
cautlon than the average motorlst driving hIS or her
own car, very posSIbly resulting In nOIse.
3. There 1S a great deal of additlonal expense aSSocIated
with hiring a valet catpany and, unless there are
dlstlOct advantages, the burden placed on the
restaurant operator may be an unnecessary one. These
costs end up being passed along to the custcmer.
Speclal Condlt1on 6 of the lapsed CUP S~2, restaurant hours: The
prevlous applicant dId not wish to serve breakfast, so the
mornIng hours were set for a tune whlCh precluded this. We
w1sh to serve a light breakfast of such items as bakery
goods, fruIts, fruit juices, and coffee beverages. We
therefore request moving our openlng hours fran 8: 39 AM to
7:3a AM. Closing hours will remaIn the same as in CUP 582.
ThlS is the latest we can open and still serve breakfast.
It should be noted that most restaurants which serve
breakfast open earlIer. (See attached Exhibit 4.)
I believe that Conditions 7, 8, 16 and 17 of the lapsed CUP 5"2 have
been met aIl3 thelefore need not be included if CUP 592 is reinstated.
CUP 379, Condition 26: This condition states, "The Conditional Use
Permit permitting the restaurant shall expire after lliJ years
fallowing any closure of the museum." This ties our fate to
that of the lIlUSe\D and presents a potential problEm for our
financing. Also the draft of the proposed revision to the
Main Street Plan permits a 75-seat restaurant on the east of
Main Street, am a total of four restaurants within this
block (Block 6). There are currently three restaurants in
this block, all on the west side. Therefore, a restaurant
in this location would be a pemi tted use as the revised
plan is currently drafted.. we believe the restaurant will
be an ~i ty to the project and to the neighborhocxi as a
WIole, not just to the DIJSetD. Therefore, we request that
the tu. limit plac~ under the previous approval be
el iminated.
_. Ir
Paul 8erlant
Director, PlannIng and Zonlng
August 16, 1998
paqe 4
Please note:
- That conslstent wIth the prevlous approval, all deliveries will
be from Maln Street.
That the applicant has two existIng famIly-run restaurants in
the area, patron! zed by rnertDers of the C\AlaLWOl ty. These
restaurants show an excellent track record in terms of quali ty
of food, and their operatlon meets the hlgheSt professlonal
standards.
- That the operator's restaurant (Roclc:enwagner), which has been
operating the longest (more than flve years), will be moving
from lts present location if granted approval by the Clty.
This restaurant already employs resldents of the c~w~nity and
plans to contlnue thIS polley.
Sincerely,
HH: jb
Hans Roc:kenwagner
-tIk-~ ~Jb- LDQ.~~
Enclosures -
16-Aug-90
RESTAURANTS ON MAIN STREET SERVING BREAKFAST
COMPARISON OF HOURS
RESTAURANT/PHONE NO.
WEEKDAY
OPEliIING
SAT/SUN
OPENING
===========Z=S====.=====S==.=SZ===.=2==2z~=~=~az==~===~==s=~.==z.
Boulangerle/399-1495
6:09 AM
7:0" AM
-----------------------------------------------------------------
Joe's Dlner/396-8804
6 : "0 AM
7:"" AM
Napoleon/399-9511
6:90 AM
7:00 AM
~ Omelette Parl~I/399-7892
6:9'i AM
6 :"" AM
-~
EXHI8IT 5
Page 1 of 1
BilnwlE DlS'I1Ocr CORPORA1l0N
1427 '1"hm:I Saeer PromenacIe Ste 2m
Santa MOIUa C&hJonua 90401-2358
213393-1W~
August 24, 1990
TO WHOM IT MAY CONCERN:
Th~s is a letter of endorsement for Hans Rockenwaqner
as a restauranteur in Santa Monica and specifically
~n the Bayside District.
Hans' restaurant FAMA is located at 1416 Fourth Street.
Not only is FAMA a big success, but workinq with Hans
and his w1fe, Mary, has been a delight for all of us.
I highly recommend Hans and congratulate whoever is
successful in attracting his talents to their area.
nJiAFACI
I.
I 2502
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MARSHALL I. SISKIN
26 November 1990
Planning Division, Room 212
1685 Main Street
Santa Monica, CA 90401
Attn: D. Kenyon Webster
Dear Mr. Webster:
I am a nearby resident and I support granting of the permit to:
Hans Rockenwagner
CUP 90-065
2435 Main Street
eM
Sincerely I
f/I(~ j H:-
Marshall I. Siskin
MIS/agt
1441 4th Street Santa Monica CalifornIa 90401 -/213) 451-1393 -12131 394-8282