SR-031291-6H
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LUTM:PB:DKW:bz Santa Monica, California
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Council Mtg: March 12, 1991
TO: Mayor and City council
FROM: Ci ty Staff
SUBJECT: certification of Statement of Official Action for
Appeals of Conditional Use Permit 90-065, 2435 Main
Street
INTRODUCTION
This report transmits for City council certification the
Statement of Official Action for the appeal of the above-listed
Conditional Use Permit to allow the operation of a 75-seat
restaurant at 2435 Main street,
BACKGROUND
On January 29, 1991, after a public hearing and careful review of
the record and staff recommendations, the City Council upheld the
Planning commission's approval of the project, with modifications
to the conditions of approval,
RECOMMENDATION
It is respectfully recommended that the City Council approve the
attached Statement of Official Action which contains findings and
conditions of approval for CUP 90-065.
Prepared by: D, Kenyon Webster, Planning Manager
Planning and Zoning Division
Land Use and Transportation Management Department
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STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: CUP 90-065
LOCATION: 2435 Main street
APPLICANT: Hans Rockenwagner
CASE PLANNER: D,K, Webster, Principal Planner
REQUEST: Alcohol CUP for Previously-Approved 75-seat
Bona-fide Restaurant
CITY COUNCIL ACTION
1/29/91 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:
1/29/91
EXPIRATION DATE(S) OF ANY PERMITS GRANTED:
1/29/92
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 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.
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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 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 wi thin 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.
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.
8, The physical location or placement of the use on the site is
compatible with and relates harmoniously to the surrounding
neighborhood, in that the 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, 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.
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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
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 SOD' 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.
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,
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STANDARD CUP CONDITIONS
Plans
1. 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
I, Article IX of the Municipal Code, (Zoning Ordinance) 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 ap-
proved concept shall be subject to Planning cotnlllission Re-
view. Construction shall be in conformance with the plans
submitted or as modified by the Planning Cotnlllission, 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
amenities; scale and articulation of design elements; ex-
terior colors, textures and materials; window treatment;
glazing; and landscaping.
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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, 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 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 project
pay such new development fees, and that employers within the
project pay such new annual employer fees related to the
city's Transportation Management Plan.
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.)
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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
materials such as white paper, computer paper, metal cans,
and glass to be recycled1 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.
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 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 required 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.
2L Condition 26 of CUP 370 shall be of no further force or
effect.
CUP ALCOHOL OUTLET CONDITIONS
L 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. Alcoholic beverages shall only be sold
to those with the intent of purchasing meals.
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.
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.
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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, Valet service
shall not interrupt pedestrian flow in front of the project
by blocking the sidewalk. The valet service shall close off
parking on the surface parking lot by a 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.
The valet service shall not back vehicles down the street.
There shall be at least 3 valet spaces for vehicle pick-up, 2
spaces for dropping off cars, and 1 space for pickup. 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:OOpm; on Fridays, from 7:30am
to 1:00am, with last reservations taken for 11:OOpm; on
Saturdays, from 9:00am to 1:00am, with last reservations
taken for 11:00pm; and on sundays, from 9:00am to l2am, with
last reservations taken for IO: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 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 opera-
tional 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 pro-
grams and policies.
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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
submitted 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. 9127J.2-4 (SMMC). Refuse
areas shall be of a size adequate to meet on-site need.
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,
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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, The
odor filtering system shall be required to be installed in
conjunction with restaurant operation.
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 lO: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 application to alcohol
CUPs, including a designated driver program, after approval
of this CUP but prior to opening of the restaurant.
3l. 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 with 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 property owner 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,
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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,
VOTE
Ayes: Genser, Holbrook, Katz, Olsen, Vazquez, Zane, Abdo
Nays: None
Abstain: None
Absent: None
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.
I hereby certify that this statement of Official Action accurate-
ly reflects the final determination of the city council of the
City of Santa Monica.
A ~;U
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-s"fgna-ture / date
Clarlce E. Johnsen, Clty Clerk
Please print Name and Title
I hereby agree to the above conditions of approval and
acknowledge that failure to comply with such conditions shall
constitute grounds for potential revocation of the permit
approval.
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~
Applicant's Signature
Hans Rockenwagner
Print Name and Title
PCjrocko3
DKW:bz
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