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SR-6D (30) 60 ~ {1 ..... r i -",;)h I ,;t ;.i - pea SF AS pf f \plan\share\councll\stoas\95cup017 FEB 1 t 1997 CouncIl Mtg February 11, 1997 Santa Momca, CalifornIa TO Mayor and City CouncIl FROM City Staff SUBJECT Certification of Amended Statement of Official Action for ConditIonal Use Permit 95-017, 2025 Lincoln Blvd INTRODLJCTION ThIs report transmIts for City Council certrficatlon an amended Statement of Official Action for Condltlonal Use Permit 95-017 to allow the operatron of a dnve-up Window In a fast-food restaurant located at 2025 Lincoln Blvd between the hours of 6 aDam and 7 aOam dally, 10 OOpm and 1 aOam Sunday through Thursday, and 10 OOpm and 3 OOam Fnday and Saturday On November 26, 1996, the Council certrfied a Statement of Official Action whrch contaIned a minor language omiSSion on page 2 which should state that the permIts expire If the nghts are not exercrsed and an Incorrect record that Councllmember Genser voted rn support of the project The attached amended Statement of Offlcral Action contains the necessary corrections BUDGETfFINANC IAL IMP ACT . The recommendatron presented rn thrs report does not have any budget or frnanclallmpact 1 60 ~~tl ;j, - FEB 1 1 1997 RECOMMENDA TION It IS respectfully recommended that the City CounCil approve the attached amended Statement of OfficIal Action Prepared by Suzanne Fnck, Director Karen Ginsberg, Planning Manager Amanda Schachter, Semor Planner Paul Foley, Associate Planner City Planning DIvIsion Planning and Community Development Department Attachment A Amended Statement of OfficIal Action 2 CITY OF SANTA MONICA CITY COUNCTT ~ STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: ConditIonal Use PermIt 95-017 LOCATION: Jack-in-the-Box Restaurant, 2025 LIncoln Blvd. APPLICANT: Foodmaker, Inc.. 9330 Balboa Ave., San DIego, CA 92123 APPELLANT: Foodmaker. Inc., 9330 Balboa Ave., San DIego, CA 92123 CASE PLANNER: Paul Foley, ASSocIate Planner REQUEST: To operate a drive-up wmdow in a fast-food restaurant between the hours of !0:00pm to 1 :OOam Sunday through Thursday, !0:00pm to 3:00am Fnday and Saturday and 6.00am to 7'OOam dally. CEQA STATUS' Categoncally exempt pursuant to Class 5 of the State CEQA GmdelInes m that the requested actIons Involve mInor land use lImItatIons and do not involve changes m land use or denSItIes. CITY COUNCIL ACTION 10/22/96 Date. X Approved based on the followmg findIngs and subject to the COndItIonS below. 1 ---- -- - Demed. Other. EFFECTIVE DATE OF ACTION: October 23. 1996 EX PIR A TION DATE OF ANY PERMITS GRANTED: October 23. 1997 CondItional Use PermIt If nghts not exercIsed. LENGTH OF ANY POSSmLE EXTENSION OF EXPlRATION DATE(S): Any request for an extensIOn of the eXpIratIOn date must be receIved 10 the Planmng and Zomng DIvisIOn pnor to expIratIon of thIs permIt Apnl23, 1998 CondItional Use Permit if rights not exercised. FINDINGS: CONDITIONAL USE PERMIT FINDINGS 1. The proposed use IS condItIOnally permItted WIthIn the subject distnct and complIes wIth all of the applIcable proviSIons of the "CIty of Santa Monica ComprehenSIve Land Use and Zonmg OrdInance". 10 that the dnve-up wmdow operatIon has been m eXIstence smce 1965. 2 The proposed use would not ImpaIr the lfltegnty and character of the dIstrIct m WhICh It IS to be estabhshed or located, In that the noise impacts of extendmg the hours of operanon of the dnve-up wmdow from 7.00am to lO:OOpm d311y to between 6:00am and 1:00am Sunday through Thursday and from 6.00am to 3.00am on Fndays and Saturdays can be reduced WIth the operation of the kIOSk and mcreased landscapmg proposed by the applIcant and recommended by staff as a condItIon of approval of this CUP. 3. The subject parcel is phYSICally sUltable for the type of land use beIng proposed, In that the eXIstIng land use will rem31n and the physical expansIOn assocIated with thIS applIcatIon IS bmlted to mstallatIon of a bosk and landscapIng as shown on plans dated August IS, 1995 and January 12, 1996. 4. The proposed use IS compatIble WIth the land uses presently on the subject parcel in that the eXlstmg land use WIll remaIn. 2 5. The proposed use would be compatible with eXIstmg and permIssIble land uses wIthIn the dIstrict and the general area m WhICh the proposed use IS to be located, m that the proposed use (a dnve-up wmdow) has been In operanon SInce 1965 AddInonally the physical expansion associated wIth thIS applIcatIon is hroIted to Installation of a kIosk and landscapmg as shown on plans dated August 15, 1995 and January 12, 1996. 6. There are adequate provIsions for water, sanItation, and public utihnes and servIces to ensure that the proposed use would not be detnmental to publIc health and safety, m that the eXIstmg use w1l1 remam and the phYSICal expanSIOn assocIated WIth this apphcanon IS limIted to the mstallatlon of a bosk and landscapmg as shown on plans dated August 15, 1995 and January 12, 1996. 7. Pubhc access to the proposed use WIll be adequate, In that no alteratlOns to eXIstmg parlang, cIrculatIOn or access are proposed as part of this apphcatlOn 8 The phYSIcal location or placement of the use on the SIte IS compatlble WIth and relates harmoniously to the surrounding neIghborhood, 10 that the physIcal expansIOn aSSOCIated WIth thIS apphcatlon IS lImited to the installatIon of a laosk and landscap10g as shown on plans dated August 15, 1995 and January 12, 1996. 9. The proposed use 15 consistent WIth the goals, obJectlves, and polIcies of the General Plan, III that no change of use at the subject property IS proposed In thIS apphcanon 10. The proposed use would not be detnmental to the pubhc mterest, health, safety, convenience, or general welfare, m that the adverse Impacts of extendmg the hours of operanon of the dnve-up wmdow from 7:00am to lO:00pm daIly to between 6:00am and 1 :OOam Sunday through Thursday and from 6:00am to 3:00am on Fndays and Saturdays can be reduced with the operatIon of the ktosk and Increased landscapmg as proposed by the applIcant and recommended by staff as a condIllon of approval of thIS CUP. 11. The proposed use WIll not result In an overconcentratIon of such uses in the immedIate VICInIty 10 that the dnve-up wmdow use WIll not change. CONDITIONS Plans 1. This approval IS for those plans dated on August 15, 1995 and January 12, 1996, copIes of WhICh shall be mamtained m the files of the Planmng and Zomng DIVlSlon. Project development shall be conSIstent WIth such plans, except as otherwIse specIfied 10 these conditions of approval 2. The Plans shall comply WIth all other proVISIons of Chapter 1, ArtIcle IX of the MumcIpaI 3 Code, (Zoning Ordmance) and all other pertInent ordmances and General Plan polIcies of the City of Santa MOnIca. 3. Mmor amendments to the plans shall be subject to approval by the Director of Planmng and Commumty Development A sigmficant change In the approved concept shall be subject to Planning CommlsslOn Review. Constructton shall be In conformance With the plans sub nutted or as modified by the Planning CommissiOn, Architectural ReView Board or Director of Planning and Commumty Development. ArchItectural Review Board 4. Plans for the kJosk, additiOnal landscapmg and the new location of the menu board contained m thiS applIcation shall be subject to review and approval by the Architectural ReVIew Board. Plans shall be submitted to the Architectural ReVIew Board in accordance WIth the submittal gUIdelmes. ConstructIon 5 Unless otherwise approved by the Department of EnVironmental and Public Works Management, all Sidewalks shall be kept clear and passable dunng constructIon. 6. SIdewalks, curbs, gutters, pavmg and dnveways which need replacmg or removal as a result of the project as determmed by the Department of EnVIronmental and PublLc Works Management shall be reconstructed to the satIsfactIon of the Department of EnVIronmental and PublIc Works Management. Approval for this work shall be obtamed from the Department of EnVIronmental and PublIc Works Management pnor to Issuance of the bUIldmg permIts. 7. VehIcles haulIng dIrt or other constructIon debris from the site shall cover any open load WIth a tarpaulin or other secure covenng to mmimize dust emIssIons. 8 A sIgn shall be posted on the property In a manner consistent WIth the public heanng Sign reqUirements WhICh shall IdentIfy the address and phone number of the owner and/or applIcant for the purposes ofrespondmg to questIOns and complamts dunng constructiOn. SaId sign shall also indicate the hours of permIssIble constructIon work. 9. The property owner shall msure any graffitI on the sIte IS promptly removed through complIance With the CIty's graffiti removal program 4 10. A copy of these condItIons shall be posted in an easIly vlSlble and acceSSIble location at all times during construction at the project SIte. The pages shall be laminated or otherwise protected to ensure durabIlIty of the copy. MIscellaneous CondltIon~ ll. The dnve-up WIndow hours of operatIon shall be from between 6.00am and l'OOam Sunday through Thursday and between 6.00am and 3:00am Fnday and Saturday. 12. The operation of the drive-up window shall be conducted 10 a manner not detnmental to surroundmg propertIes or residents by reason of lIghts, nOIse, actIVltles, parkmg or other actIOns. 13. Street andlor alley lIghtIng shall be provIded on publIc nghts-of-way adjacent to the project If and as needed per the specificatIOns and WIth the approval of the Department of Environmental and PublIc Works Management. 14. The hours of operatIon of the dnve-up vo'mdow shall be consp1Cuously dIsplayed InSide and outSIde of the restaurant. Validity of Permits 15. In the event permittee Violates or falls to comply WIth any condItIons of approval of thispermlt, no further permits, licenses, or approvals shall be Issued untIl such VIolatIon has been fully remedied 16 Wlthm ten days of Planmng 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 Planmng DiviSIon, agreemg to the CondItIons of approval and acknowledgmg that faIlure to comply WIth such conditIons shall constItute grounds for potential revocation of the penmt approval. By slgmng same, applIcant shall not thereby WaIve any legal nghts applIcant may possess regard10g saId condItIons. The sIgned Statement shall be returned to the Planmng and Zomng DIVISIon. FaIlure to comply WIth this condItIon shall constItute grounds for potentIal permit revocatIOn. 17. The approval of tins penmt shall expIre one year from the permit I s effectIve date, unless, 10 the case of new development, a bUIldmg penmt has been obtamed pnor to the exprratIon of tlllS approval In order to exercise the nghts granted by thiS approval. ThiS permIt shall also explfe If the bUIlding permIt expIres or If the nghts granted under thIS approval are not exerCIsed wltlnn one year followmg the earlIest to occur of the followmg: Issuance of 5 . y report shall contain recommendations consistent with the provisions of this Chapter, where appropriate. A copy of the report shall be filed with the City at the same time the inspector submits the report to the owner. Within thirty (30 ) days after receiving this report, the owner shall file with the City a compliance plan to implement all recommendations contained in the report or shall demonstrate, to the satisfaction of the City, why these recommendations should not be implemented. The owner shall comply with the compliance plan approved by the city within the time period set forth in such plan. SECTION 12. section 8.24.075 l..S added to the Santa Monica Municipal Code to read as follows: 8.24.075 Authority to inspect location of tank systems. ( a) To carry out the purposes of this Chapter and Chapters 6.7 and 6.75 of the Health and Safety Code, any duly authorized representative of the City, the Regional Board, or the Board has the authority specified in Health and safety Code Section 25185, with respect to any place where underground tank systems are located, or in which records relevant to the operation of an underground tank system are kept, and in Health and Safety Code Section 25185.5, with respect to real property which is within 2,000 feet of any place where underground tank systems are located. The authority conferred by this section 27 NOTICE If thIS IS a final decisIon not subject to further appeal under the City of Santa MOnIca Comprehensive Land Use and Zoning Ordmance, the orne wIthm whIch jUdICial reVIew of thIS decISIon must be sought is governed by Code of CIvIl Procedure SectIon 1094.6, WhICh provlSlon has been adopted by the CIty pursuant to MumcIpal Code SectIon 1.16.010. I hereby certify that this Statement of Official Action accurately reflects the rmal determination of the City Council of the City of Santa. Monica. Mana Stewart Date CIty Clerk 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. ApplIcant's SIgnature pnnt Name and TItle f: \ppd\share\drthru \stoahnc rev. 9195 7 610 PARKING AUTHORITY Division 210 PLANNING AND COMMUNITY DEVELOPMENT Program Highlights 77 PARKING AUTHORITY FUND DIVISION DESCRIPTION The Parking Authonty owns, operates and maintains parking faCilities In the CIty These faclhtles Include several surface parkIng lots located throughout the Crty In addition, the Parkmg Authority funds the maintenance of the downtown parking structures Including elevators, slgnage and cleaning The Parking Authonty Fund revenues consist of permit fees, parking lot meter revenue, and lease payments SIGNIFICANT CHANGES There are no significant changes budgeted In FY 1996-97 which affect the scope or level of service