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Council Mtg November 25, 1997 Santa Monica, Callforma
TO Mayor and City Council
FROM City Staff
SUBJECT Certification of Statement of Official Action for Appeals 97-007,97-008, and
97 -009 of the Planmng Commission's Approval of Development Review
Permit 96-001 Amending the EXisting Development Review Permit
Conditions of Approval and Permitted Uses for the ProJect, ConditIonal Use
PermIt 97-004 to Permit a Live Performance Theater with 164 Seats,
Variance 96-001 Permitting Valet Tandem Parking for the Required Parking,
and Conditional Use PermIt 96-011 to Permit the Restaurant Seating to
Increase from 75 Seats to 101 Seats with Outdoor Patio Seating for the
Project Located at 2415 Marn Street, Commonly Known as the Edgemar
Project
INTRODUCTION
ThiS report transmits for City Council certification the Statement of OffiCial Action for the
demal of three appeals of the Planning Commission's approval of modifications to the
eXisting land use approvals for the project located at 2415 Main Street, commonly known
as the Edgemar Project The Planning Commission's approval consisted of
. Development Review 96-001 to amend the anginal Development Review permit
conditions of approval, to permit a change In use from museum space to live
performance theater space With a maximum of two artist studiOS, and to modify
previously approved conditions of approval,
. ConditIonal Use PermIt 97-004 to allow a lIve performance theater complex WIth
164 seats,
. Vanance 96-001 to permit the 19 additional parking spaces required for the new
uses through a valet operated tandem parking system.
. Conditional Use Permit 96-011 to amend the eXisting Conditional Use permit for
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the restaurant to allow outdoor restaurant seating with alcohol sales and to allow
an Increase In the total number of restaurant seats from 75 to 101, and
. Recommendation to change the land use designation for the portion of the
Edgemar property classified Medium Density Residential to Service and
Specialty Commercial
Additionally, the Planning Commission, In approving the project, recommended that the
Council change the land use designation for the portion of the Edgemar property classified
Medium Density ReSidential to Service and SpecIalty Commercial, amend the OffiCial
Dlstnctlng Map to change the portion of the property zoned OP-2 (Low-Density Multi-
Family ReSidential) to CM-2 (Main Street Commercial), and amend MUnicipal Code Part
9 04 08 28 regarding eM District permitted uses and development standards
On August 26, 1997, the Council denied the appeals and upheld the Planning Commission
action, With additional conditions, and approved a Resolution to amend the General Plan
Land Use Map to change the land use designation for a portion of the site from Medium
Density ReSidential to Service and Specialty CommercIal. Introduced for first reading an
ordinance amending the OffiCIal Dlstnctlng Map to change a portion of the site zomng from
OP-2 to CM-2, and Introduced for first reading an ordinance amending Part 9 04 08 28 of
the MUnicipal Code The Council approval IS based on the findings and conditIons
contained In the attached Statement of OffiCial Action.
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BUDGET/FINANCIAL IMPACT
The recommendation presented In this report does not have any budget or fmanclal
Impact
RECOMMEN DA liON
It IS respectfully recommended that the City Council approve the attached Statement of
OffiCial Action
Prepared by Suzanne Fnck, Planning and Community Development Director
Karen Ginsberg, Planning Manager
Amanda Schachter, Semor Planner
Planning and ZOning DIVIsion
Planning and CommunIty Development Department
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CITY OF SANTA MONICA
CITY COUNCIL
STATEMENT OF OFFICIAL
ACTION
PROJECT
CASE NUMBER Development Review 96-001, ConditIonal Use PermIt 97-
004, Vanance 96-001, and Conditional Use Permit 96-011
LOCATION 2415-2449 Main Street
APPLICANT Edgemar Development fThe Loretta Theater
CASE PLANNER Donna Jerex, Associate Planner
REQUEST General Plan Amendment 96-001 to change the land use
designation for the portion of the property currently zoned
reSidential (from medium density residential to service and
specialty commercial), Text Amendment 96-003, to amend
the Official Dlstnctlng Map for the portion of the property
currently zoned OP-2 to CM-2, Text Amendment 97-004,
to amend SMMC Section 9 04 08 28 070 to remove the
seatmg limitatIon for restaurants on the east side of Main
Street north of Ocean Park Boulevard, Development
Review 96-001 to amend eXlstmg conditions of approval,
Includmg extending the expIratIon date for commercIal use
of the resIdentIally zoned portion of the site from 2020 to
2045, and to permit a change In use from museum space
to live performance theater space WIth a maximum of two
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artist studiOS, Condltronal Use PermIt 97-004 to allow a live
peliormance theater complex with 164 seats, Varrance 96-
001 to permit the new uses with valet operated stack
parking and Conditional Use PermIt 96-011 to allow
outdoor restaurant seating with alcohol sales and to allow
an Increase In the total number of restaurant seats from 75
to 1 01
CEQA STATUS The project IS categorically exempt from the provISions of
CEQA pursuant to Class I (Section 15301 (e)) of the State
GUIdelines In that the addItion to the eXlstrng structure
would not result In more than 2,500 square feet of floor
area. and that the change of use IS a minor alteration to
the project Involving limited Interror and exterror
modification to the eXisting structure, and Class 5 In that
the zone change and General Plan land use desIgnatIon
amendment IS a mmor land use limitation modification that
does not change the eXisting use or density on the sIte
CITY COUNCIL ACTION
August 26, 1997 Date
X Appeals denied, Planning CommissIon action upheld wIth additional
conditions. and project approved based on the following findings and
subject to the conditions below
Denied
Other
EFFECTIVE DATES OF ACTIONS:
August ;26, 1997 General Plan Amendment 96-001 ( Resolution No 9191), to change
the land use designation for the portion of the property clasSified as
medium density resIdential to servIce and speCialty commercial
October 10, 1997 Development Review 96-001, amendment of eXisting condltrons of
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approval and change In use from museum space to live performance
theater space with a maximum of two artist studiOS, subject to City
Council approval of General Plan Amendment 96-001 and Text
Amendment 96-003
October 10. 1997 ConditIonal Use Permit 97-004, to allow a live performance theater
complex with 164 seats, subject to City Council approval of General
Plan Amendment 96-001 and Text Amendment 96-003
October 10. 1997 Variance 96-001, to permit the theater, artist studios and restaurant
expansion with the provIsion of 26 rather than the Code reqUired 47
parking spaces, subject to City Council approval of General Plan
Amendment 96-001 and Text Amendment 96-003
October 24, 1997 Conditional Use Permit 96-011, to permit an Increase In total
restaurant seats from 75 to 101, subject to City Council approval of
General Plan Amendment 96-001. Text Amendment 96-003, and Text
Amendment 97-004
EXPIRA TION DATES OF ANY PERMITS GRANTED:
One Year From Effective Date Development Review 96-001, Conditional Use
Permit 97-004, Variance 96-001, and Conditional
Use Permit 96-011
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES
Any request for an extenSion of the expiratIOn date must be received In the Plannrng and
Zonrng DIVISion prior to expiration of thiS permit
6 Months
TEXT AMENDMENT 96-003
The City Council adopted Text Amendment 96-003 through Ordmance No 1883
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TEXT AMENDMENT 97-004
The City Council adopted Text Amendment 97-004 through Ordinance No 1884
DEVELOPMENT REVIEW 96-001 (Amendment of existin~ conditions of acproval and
chanae in use from museum SDace to live Derformance theater SDace with a
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maximum of two artist studios)
FINDINGS:
1 The physical location, size. massing, and placement of proposed structures
on the site and the location of proposed uses within the project are
compatible with and relate harmoniously to surrounding sites and
neIghborhoods. In that the project has been previously developed and
conditioned to be consistent with the scale, height, character and massing
of the neighborhood and that the theater and artist studioS as well as the
new mezzanine and second floor office square footage Will be
accommodated within the shell of the eXisting structure The restaurant
expansion from 75 seats to 101 seats Will be compatrble with the surrounding
site and neighborhood In that parking for the additIonal seating can be
accommodated on-Site, the overall seating cap for the block In which the
restaurant IS located Will not exceed the current maximum of 400, and the
project condItions have been amended to ensure that hours of operatIon and
nOise levels Will be restricted to ensure compatibility With the surrounding
residential neighborhood However, the proposal to allow a range of uses
to occupy the museum space IS not compatible WIth the surrounding
neighborhood In that It elrmlnates the discretion to determine If changes to
the mix of the project uses IS compatible With the development's community
serving character Further, allowance of eight live entertainment events per
year and up to three retail sales events per year In the artists studiOS IS not
compatible With the surrounding neIghborhood because such an approval
eliminates the abll1ty to review each event on an IndiVIdual baSIS to ensure
adjacent resIdential uses are not negatively Impacted Such limited uses
should be reViewed indiVIdually through a Temporary Use Permit
2 The nghts-of-way can accommodate autos and pedestnans, Including
parking and access, In that the site IS served by Sidewalks for pedestrians,
102 parking spaces are proVided on-Site, and 19 addltronal parking spaces
Will be proVIded through a valet operated stack parking system for those
peak hours which generate additional traffic dUring the times that both
performance theaters Will be In use
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3 The health and safety services (police, fire, etc) and public Infrastructure
(e g utilities) are sufficient to accommodate the new development, In that the
subject site IS located In an urbanized area adequately served by eXisting
mfrastructure
4 The project IS generally consistent with the Municipal Code and General
Plan The General Plan and MUnicipal Code permit theaters. artist studios.
general retail, restaurant, and general office uses In commercially-zoned
areas and with approval of the proposed General Plan Map amendment.
amendment to the Official Dlstnctlng Map, and amendment to ZOning
Ordinance Section 9040828070, the project complies with all applicable
standards The proposed restaurant expansion to 101 seats IS compatible
with the surroundmg site and neighborhood In that parking for the additional
seating can be accommodated on-Site and the overall seating cap for the
block In which the restaurant IS located Will not exceed the current maximum
of 400
CONDITIONAL USE PERMIT 97-004 (For the Live Performance Theater)
FINDINGS:
1 The proposed theater use IS one conditionally permitted within the subject
dlstnct and complies with all of the applicable prOVISions of the "City of Santa
Monica ComprehenSive Land Use and Zoning Ordinance", In that theaters
containing more than 75 seats IS a permItted use In the CM-2 dlstnct with
approval of a Condlttonal Use Permit
2 The proposed theater use would not Impair the Integrity and character of the
dlstnct In which It IS to be established or located The new theater Will
replace the museum that has been established at thiS site for over 10 years,
and thiS new combination of theater and artist studio use would contnbute to
the mixed use environment envIsioned for Main Street by adding residential
Units as well as a small scale community serving entertainment actiVity to the
Edgemar development
3 The subject parcel IS phYSically SUitable for the type of land use being
proposed I In that the theater would replace an eXisting museum space,
would only Involve Interior alterations and would proVide a leisure-time use
for both surrounding reSIdents and tOUrists vIsiting the Main Street area
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 theater
replaces the museum use which IS Similar In nature as It IS designed to
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complement the nelghbonng restaurant and retail uses within the overall
development
5 The proposed theater use would be compatible with eXisting and permissible
land uses wlthrn the dlstnct and the general area m whIch the proposed use
IS to be located, In that the theater use, like the museum It replaces. provIdes
a venue for leIsure time activities and complements the surroundrng
commercial and retail uses In the neighborhood The 164-seat limitation and
conditions requlrmg the performance start times to be staggered by a
minimum of ~ hour will not adversely Impact the surroundmg neighborhood
All parkmg will be provided on-site through a valet operated stack parking
system
6 There are adequate provIsions for water, sanitation, and public utilities and
services to ensure that the proposed use would not be detnmental to publIc
health and safety, In that the site IS In a developed urban area where
services are provided
7 Public access to the proposed use will be adequate, In that 102 on-site
parking spaces will be proVided and the site IS In close proximity to City
parking Lot 10A (at the northwest corner of HIli Street and Neilson Way), Lot
11 (at the southeast corner of Hollister Avenue and NeIlson Way, across
from the project site). and Lot 26 (at the southeast corner of Strand Street
and Neilson Way) The Santa Monica MUniCipal Bus Line also services Main
Street
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
theater will be located In the eXisting space currently occupied by a museum
Access to Second Street will be limIted to loading dock use, emergency
access, and artist studio access, and conditions relatmg to mechanical
equipment installation, hours of operation, and loading dock use will control
nOIse at the site
9 The proposed use IS conSistent with the goals, obJectives, and poliCies of the
General Plan, m that Land Use Element Policy 1 6 7 encourages commercial
uses on Main Street that proVide leisure time opportunities for surrounding
reSidents and area vIsitors and that the addition of theaters at the Edgemar
site Will complement other commercial actiVities on-site and m the
surroundmg area while also proViding a community serving cultural use
wlthm walkmg distance of the adjacent reSidential neighborhood
10 The 164-seat theater would not be detrimental to the public Interest, health,
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safety, convenience, or general welfare. In that the applicant must comply
with the conditIons of the approval Including limitations on nOise. access to
the site from Second Street, and live entertamment. which are mtended to
minimiZe the affect of the use on adjacent residential neighbors
11 The proposed use conforms precisely to the applicable performance stan-
dards contamed In Subchapter 904 12 and special conditions outlined m
Subchapter 9 04 14 of the City of Santa MOnica Comprehensive Land Use
and ZOning Ordinance. In that thiS use does not require a performance
standard permit, but IS required to meet the conditions of thiS Conditional
Use Permit
12 The proposed use will not result In an over concentration of such uses In the
Immediate VICInity, In that no other live performance theaters eXist on Mam
Street
VARIANCE 96-001 {To Permit Valet ODerated Tandem Parkmal
FINDINGS:
1 There are special Circumstances or exceptional characteristics applicable to
the property mvolved, Including Size, shape, topography, location, or
surroundings, or to the Intended use or development of the property that do
not apply to other properties In the VICInity under an Identical zoning
claSSification, In that. In accordance With the parking study prOVided, the
parking demands for the mix of retail, restaurant, office, and theater uses. as
well as the fluctuation In the hours of operation for the theaters, Will create
a lesser parkrng demand than that which would ordlnanly be required If each
use were to be reviewed Individually m accordance With the City's parking
requirements
2 The granting of such vanance Will not be detnmental or InJurious to the
property or Improvements m the general vlcmlty and district In which the
property IS located. rn that the project would prOVide for valet operated stack
parking at peak VISitor hours, and dUring theater operation, and therefore the
on-site parkmg and available City parkmg lots Will be able to accommodate
the parking needs for the various uses
3 The stnct application of the provIsions of thiS Chapter would result In
practical difficulties or unnecessary hardships. not Includmg economic
difficulties or economic hardships, In that although all required parking
spaces cannot be proVided on-Site Without a stack parking system, a parking
study has been submitted which demonstrates that parking needs can be
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accommodated on sIte with a valet operated stack parkIng system
4 The grantmg of a vanance will not be contrary to or In conflict with the
general purposes and Intent of this Chapter, or to the goals. objectives and
policies of the General Plan, In that the Zoning Ordmance allows vanances
to parking standards If certam findings can be made, and In that a parkmg
study demonstrated that through the use of valet operated stack parkmg
dunng peak hours, adequate parking eXists on-site to support the proposed
uses
5 The vanance would not Impair the Integrrty and character of the dlstnct In
which It IS to be located. m that the parking study has demonstrated that
parkmg accommodations can be made on-site through valet operated
parking and With the approval of a valet operation management plan
6 The subject site IS physically sUitable for the proposed vanance, m that It IS
a previously developed parcel With an eXisting parkmg structure
7 There are adequate proVIsions for water, sanrtatlon. and public utilities and
services to ensure that the proposed vanance would not be detrrmental to
pubhc health and safety, In that subject site has been previously developed
and contams access to all relative mfrastructure necessary to accommodate
the theaters and artIst studiOS requested
8 There Will be adequate prOVIsions for pubhc access to serve the subject
vanance proposal, In that the subject site IS adequately served by eXisting
streets and alley
9 The stnct application of the provIsions of Chapter 10 of the City of Santa
MOnica Comprehensive Land Use and ZOning Ordinance would result In
unreasonable depnvatlon of the use or enjoyment of the property, In that the
commumty serving hve pertormance theater and artist's studiOS would not be
pOSSible Without the allowance for valet operated parkmg that enables all
reqUired parkmg to be proVided on-site
CONDITIONAL USE PERMIT 96-011 lExoansion of Restaurant)
FINDINGS:
1 The proposed restaurant expansion IS a condItionally permitted use
permitted In conjunction With the approved Development ReView permit (DR
96-001) Within the subject dlstnct and, subject to City Council approval of
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General Plan Amendment 96-001, Text Amendment 96-003 and Text
Amendment 97-004, the use complies with all of the applicable provIsions of
the "City of Santa MOnica Comprehensive Land Use and Zonrng Ordmance"
2 The proposed use would not Impair the Integrrty and character of the district
In whIch It IS to be established or located The restaurant expansion from 75
seats to 101 seats will be compatible with the surroundmg site and
neIghborhood In that parking for the additional seating can be
accommodated on-Site, the overall seating cap for the block m which the
restaurant IS located will not exceed the current maxImum of 400, and the
project conditions restrict the hours of operatIon and nOise levels to ensure
compatibility with the surrounding residentIal neIghborhood Furthermore.
a General Plan and Zone Change amendment have been recommended to
the City Council to amend the Official Dlstrlctlng Map from OP-2 to CM-2 and
to change the General Plan Land Use Designation from medium density
reSidential to service and specialty commercial This amendment will provide
consistency wIth Land Use Element Policy 1 1, which states that all
development shall be consistent with the Land Use Map, In that the site
zoning and land use designation will be rendered consistent with the current
and historical sIte development pattern
3 The subject parcel IS physically SUitable for the type of land use bemg
proposed, In that the restaurant seating expansion will not Involve the
addition of square footage, and parkmg can be accommodated on-site for
the additional outdoor seating requested This use enhances leisure-time
actiVities for both surroundmg reSIdents and tOUrists vIsIting the Main Street
area
4 The proposed restaurant expansion IS compatible With any of the land uses
presently on the subject parcel If the present land uses are to remain, In that
the restaurant seating expansIon IS minor In nature as It does not Involve the
addition of square footage, and the parking for the additional outdoor seating
can be accommodated on-Site
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 expanded restaurant With outdoor seating prOVides a
venue for leisure time actiVities and complements the surrounding
commercial and retail uses In the neighborhood
6 There are adequate prOVISions for water, Sanitation, and public utilities and
services to ensure that the proposed restaurant expansion would not be
detrrmental to publiC health and safety, In that the site IS In a developed
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urban area where servIces are provided
7 Public access to the proposed use will be adequate. In that 102 on-site
parking spaces will be provided and the site IS In close proximity to City
parking Lot 10A (at the northwest corner of HIli Street and Neilson Way), Lot
11 (at the southeast corner of Hollister Avenue and Neilson Way, across
from the project Site), and Lot 26 (at the southeast corner of Strand Street
and Neilson Way) The Santa Momca MUnicipal Bus Lme also services Main
Street
8 The physical location or placement of the use on the site IS compatible with
and relates harmoniously to the surrounding neighborhood, In that 12 of the
26 additional restaurant seats will be located within the eXisting
establishment and that any Impacts associated with the 14 new outdoor
seats will be mitigated through conditIons of approval relating to nOIse
(Conditions #14, #40 and #45)
9 The proposed uses are consistent With the goals, obJectives, and polrcles of
the General Plan, In that Land Use Element Polley 1 67 encourages
commercial uses on MaIn Street that proVide leisure time opportunities for
surrounding reSidents and area visitors Furthermore, the restaurant
expansion at the Edgemar SIte WIll complement other commercIal actiVitIes
on-site and In the surrounding area while also prOVIding a community serving
cultural use wrthln walking distance of the adjacent reSidential neIghborhood
10 The proposed restaurant expansion from 75 to 101 seats would not be
detrimental to the public Interest, health, safety, convenience, or general
welfare, In that the applicant must comply With the conditions of the approval
Including limitations on nOise, access to the site from Second Street, and live
entertainment, which are Intended to mmlmlze the effect of the use on
adjacent residential neighbors
11 The proposed restaurant expansIOn conform preCisely to the applicable
performance standards contained In Subchapter 9 04 12 and speCial
conditions outlined In Subchapter 904 14 of the City of Santa MOnica
ComprehenSive Land Use and Zoning Ordinance, In that these uses do not
require a performance standard permit, but are reqUIred to meet the
conditrons of thiS Conditional Use Permit
12 The proposed use will not result In an over concentration of such uses In the
Immediate VICinity, In that the proposed restaurant expansion will not
Increase the number of restaurants on thiS block
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DEVELOPMENT REVIEW 96-001 (Amendment of existina conditions of approval and
change in use from museum space to live performance theater space with a
maximum of two artist studios)
CONDITIONS:
Plans
1 ThiS approval IS for those plans dated Apnl B, 1997, and revised on May 21, 1997
and July 31, 1997. a copy of which shall be maintained In the City Planning DIVISion
files 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, (Zonrng Ordinance) and all other pertinent ordinances and General
Plan poliCIes of the City of Santa MOnica
3 Prior to bUilding permit Issuance for the theater space, the final parkmg lot layout
(Including the provIsion of tandem or stack parking spaces for valet parking) and
specifications shall be approved by the Parkmg and Traffic Engineer
4 Mmor amendments to the plans shall be subject to approval by the Director of
Planning and Community Development An Increase of more than 300 sq ft or a
Significant change In the approved concept, such as a change from the theater use
to another use, shall be subject to an amendment to the Development ReView
Permit Construction shall be In conformance With the plans submitted or as
modified by the Planning Commission, Architectural ReView Board or Director of
Planning Restaurant seatmg may not exceed 101 seats (B7 mdoor, and 14
outdoor), mcludmg any patio seating areas speCifically deSignated for restaurant
seatmg The location of the 14 outdoor seats IS limited to the area deSignated as
"Proposed Outdoor Dmlng Area" on the plans dated Aprrl 8, 1997. and revised on
May 21, 1997
Architectural ReView Board
5 Pnor to conSideration of the project by the Architectural ReView Board, the applicant
shall review disabled access requirements With the BUlldmg 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
features necessitated by accessibility requirements
6 Plans for final deSign, landscaping, screening, trash enclosures, and slgnage shall
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be subject to review and approval by the Architectural Review Board
7 The Architectural Review Board, In rts reView, shall pay particular attention to the
project's pedestnan onentatlon and amenities. scale and articulatIon of design
elements, exterior colors, textures and matenals, Window treatment. glaZing, and
landscaping
8 Landscaping plans shall comply With Subchapter 5B (Landscaping Standards) of
the zoning ordinance including use of water-conselVlng landscaping matenals,
landscape maintenance and other standards contained In the Subchapter
9 Refuse areas, storage areas and mechanical eqUipment shall screened rn
accordance With SMMC Section 9 04 10 02 130-9 04 10 02 150 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 Any rooftop mechanical equipment shall
be mInimIzed In height and area, and shall be located In such a way as to minimiZe
nOise and visual Impacts to surrounding properties Unless otherwise approved by
the Architectural ReVIew Board, rooftop mechanical eqUIpment shall be located at
least five feet from the edge of the roof Except for solar hot water heaters, no
reSidential water heaters shall be located on the roof
10 Construction penod slgnage shall be subject to the approval of the Architectural
ReView Board
11 As appropriate, the Architectural ReView Board shall require the use of anti-graffIti
materials on surfaces likely to attract graffiti
Fees
12 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 establlshmg
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 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 Development
applications shall not be subject to the potential new development fee If no
ordinance Implementing such fees has been adopted prior to Issuance of a bUilding
permit for the project
In addition, the applicant has agreed to institute the follOWing Transportation
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Demand Management (TOM) measures, and shall submit a plan outllnmg these
measures to the Director of Planning and Community Development
A) Preferential parking shall be provided to persons arriving m vanpools and
carpools
B) BIcycle racks capable of secunng at least seven (7) bicycles shall be
mamtalned on the project site
C) Bus passes or tokens shall be made available by the applicant at half price
to employees who utilize public transportation to and from their place of
work
13 A Park and Recreation FacIlities Tax of $200 00 per Unit shall be due and payable
at the time of Issuance of a bUilding permit for the construction or placement of the
residential units on the subject lot. per and subject to the provIsions of Section
6 80 010 et seq of the Santa MOnica Municipal Code
Construction
14 Vehicles hauling dirt or other construction debns from the Site shall cover any open
load with a tarpaulin or other secure covenng to minimize dust emiSSions
15 A construction penod mitigation plan shall be prepared by the applicant for approval
by the Department of Environmental and Public Works Management prior to
Issuance of a bUilding permit The approved mitigation plan shall be posted on the
construction site for the duration of the project construction and shall be produced
upon request As applicable, thiS plan shall 1) Specify the names. addresses,
telephone numbers and business license numbers of all contractors and
subcontractors as well as the developer and architect, 2) DesCribe how demolitIon
of any eXisting structures IS to be accomplished, 3) Indicate where any cranes are
to be located for erection/construction, 4) Descnbe how much of the public street.
alleyway. or Sidewalk IS proposed to be used In conjunction With construction, 5) Set
forth the extent and nature of any pile-driVing operatIons, 6) DesCribe the length and
number of any tiebacks whIch must extend under the property of other persons, 7)
Specify the nature and extent of any dewatering and Its effect on any adjacent
bUlldmgs, 8) DesCribe anticipated construction-related truck routes, number of truck
tnps. hours of hauling and parkmg location, 9) Specify the nature and extent of any
helicopter hauling, 10) State whether any construction actiVity beyond normally
permitted hours IS proposed, 11) DeSCribe any proposed construction nOise
mitigation measures, 12) Descnbe constructlon-penod security measures mcludlng
any fencmg, lighting, and secunty personnel, 13) PrOVide a dramage plan, 14)
ProVide a constructlOn-penod parking plan whIch shall minimiZe use of public
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streets for parking, 15) List a desIgnated on-site construction manager, 16) ProvIde
a construction matenals recycling plan which seeks to maXimize the reuse/recycling
of construction waste, 17) Provide a plan regarding use of recycled and low-
environmental-Impact matenals In bUilding construction, 18) proVide a construction
penod water runoff control plan
16 Street trees shall be maintained, relocated or provided as reqUired In a manner
consistent With the City'S Tree Code (Ord 1242 CCS), per the specIfications of the
Community and Cultural Services DIvISion and the Department of Environmental
and Public Works Management No street tree shall be removed Without the
approval of the Community and Cultural Services DIvISion
17 A sign shall be posted on the property In a manner consistent With the publiC
hearing sign reqUirements which shall JdentIfy the address and phone number of the
owner and/or applicant for the purposes of respondIng to questions and complaints
dunng the construction penod Said sign shall also Indicate the hours of permissible
construction work
18 The property owner shall Insure any graffiti on the site IS promptly removed through
compliance With the City's graffiti removal program
19 A copy of these conditions shall be posted In an eaSily VISible and accessible
location at aU times dunng construction at the project site The pages shall be
laminated or otherwise protected to ensure durability of the copy
Environmental Mitigation
20 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 unnals and low flow shower head)
21 To mitigate solid waste Impacts, prior to Issuance of a Certificate of Occupancy,
restaurant owner shall submit a recycling plan to the Department of Environmental
and PubliC Works for Its approval The recycling plan shall Include 1) list of
matenals 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) pJck-up schedule
Miscellaneous Conditions
22 The bUilding address shall be painted on the roof of the bUilding and shall measure
four feet by eight feet (32 square feet)
17
23 The operation shall at all times be conducted In a manner not detnmental to
surrounding properties or residents by reason of lights, nOise, actIVIties, parking or
other actions
24 Street and/or alley Irghtlng 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
EnVironmental and Public Works Management Department
25 Mechanical equipment shall not be located on the side of any bUlldmg which IS
adjacent to a residential bUilding on the adjolnmg lot Roof locatIons may be used
when the mechanical equipment IS Installed Within a soundrated parapet enclosure
26 Final approval of any mechanical equipment installation will require a nOise test In
compliance With SMMC section 4 12 040 EqUipment for the test shall be proVided
by the owner or contractor and the test shall be conducted by the owner or
contractor A copy of the nOise test results on mechanical equipment shall be
submitted to the Community NOise officer for review to ensure that nOise levels do
not exceed maximum allowable levels for the applicable nOise zone
27 Final bUilding plans submitted for approval of a bUilding permit shall Include on the
plans a list of all permanent mechanical equipment to be placed outdoors and all
permanent mechanical equipment to be placed Indoors which may be heard
outdoors
28 No nOIse generatmg compressors or other such equipment shall be placed adjacent
to neighboring reSIdential bUlldmgs
29 Openable Windows shall be proVided throughout the project, In a manner consistent
With applicable bUilding code and energy conservation reqUirements
30 Street trees along Main Street and Second Street shall be maintained, relocated or
proVided as reqUired In a manner consistent With City's Tree Code (Ord 1242
CCS), per the speCifications of the Department of Community and Cultural ServIces
and the Department of EnVironmental and Publrc Works Management No street
tree shall be removed Without the approval of the Department of Community and
Cultural Services
Parking
31 Parking lot Illumination shall be proVided and mamtalned
32 A security gate shall be Installed to close off parking areas between the hours of
1 00 a m and 6 30 am. Monday through Fnday and 2 00 a m and 8 00 a m on
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Saturdays and Sundays with the exception of New Year's Day when the parking
area must be closed at 2 00 a m Plans for the gate shall be revIewed and
approved by the Director of Planning and Community Development pnor to bUilding
permit Issuance for the theater and/or artist studiOS
33 Pnor to bUilding permit Issuance for the theater, the applicant shall submIt a plan to
the DIrector of Planning and Community Development for review and approval of
the valet parkmg and management program required for the theater, restaurant
expansion, and artist studiOS If the Director determmes that additional review IS
required, the plan shall return to the Planmng Commission for a public heanng This
plan shallmclude. but not be limited to, the follOWing
A) Valet parking shall be provided after 7 00 pm dally and anytIme the theater
space IS m operation for performances or workshops
B) A sign shall be posted that valet parking IS available for patrons of the
Edgemar complex after 7 00 P m
C) A charge may be levied for valet parking
D) The valet service shall not park cars on the surface parking lot after 9 00
pm, With the exception of vans and vehIcles for disabled patrons After 9 00
pm, eXisting parked cars may remain and the surface parkmg lot spaces
shall be blocked to prevent parking of additional cars In a manner
satisfactory to the Director of Plannmg and Community Development
E) The valet service shall not set car alarms
F) Valet service shall not Interrupt pedestnan flow In front of the project by
blockmg the Sidewalk
G) The valet service shall not back vehicles down the street
H) The valet Will have an on-site queuing area that IS of suffiCient Size to
accommodate two waltmg vehicles where customers Will drop off their cars.
and a return area for returmng vehicles one at a time off Main Street
I) The valet operation and management plan shall estabhsh a minimum
number of valet attendants and supervisors to be proVided when the stack
parking operation In use for the theater
J) The valet service shall not utilize Second Street as part of ItS designated
route
19
K) If, after the theater has been In operation for SIX months, the Director of
Planning and Community Development determines that the valet parking
operation and management plan does not adequately address Edgemar
parking needs. the applicant shall submit a reVised plan for review and
approval If the Director determines that additional review IS reqUired the
plan shall return to the Planning CommiSSion for a public heanng
Artist StudiO Conditions
34 The 2,293 sq ft space designated on the plans dated Apnl 8, 1997, and reVised on
May 21, 1997 and July 31, 1997, as artist loft space may be converted to no more
than two (2) IndiVidual artist studiOS A loft or mezzanine may be added to such
StudiOS, proVided that such mezzanine conforms With SMMC SectIon
9 04 02 030485 Final plans shall be subject to review and approval by the Director
of Planning and Community Development
35 There shall be no use or storage of tOXIC chemicals or other Similarly hazardous
matenals In the artist studiOS exclusIve of pamt, paint matenals. and chemicals
utilized In photographic development
36 The use of torches or other welding equipment IS prohIbited
37 Occupants of the artist studiO lofts shall not use nOise generating equipment whIch
exceeds 45 dba as measured from any property line abutting or adjacent to a
reSidential parcel
38 The eXisting emergency eXits shall remain In place only to eXit the property The
emergency eXit alarm shall be disconnected A sign shall be posted at each
emergency eXit door adVISing that said door IS for emergency eXit only Except for
the loading dock and the artist studiOS entrance, all access pOints on Second Street
shall be posted and limited to emergency eXiting only Notwithstanding thiS
condition, the reSident artists may utIlize the northernmost gate If a limited entry
system IS Implemented, such as the "BiaXial" lock cylinder With restricted key
duplication system ThiS keyed access system shall be reViewed and approved by
the DIrector of Planning and Community Development pnor to bUilding permit for the
artist studiOS
39 One front entry door along Second Street shall be permitted for each of the two
artist studiOS Windows shall also be permitted The entrances and Windows shall
be subject to review and approval by the Architectural ReView Board If the floor
area hereby approved for use as artist studiOS IS later converted to another non-
20
reSIdentIal use, then before operatmg such a new commercIal use at this location
of the project, the entrances and windows hereby allowed on Second Street shall
Immediately be removed and the openmgs sealed
40 RetaIl sales from the artIst studiOS may be permitted a maximum three days per
year, subject to the review and approval of a Temporary Use PermIt
Theater Cond Itlon
41 The rights granted by the approval of DR 96-001 to allow the theater use cannot be
exercised untrl the effective date of the CIty CouncIl's approval of Text Amendment
96-003 to amend the OffiCIal Dlstrrctlng Map from OP-2 to CM-2 and General Plan
Amendment 96-001 to change the land use desIgnation from medIum densIty
residential to service and specialty commercIal
Special CondItIons
42 NOIse levels for all uses located on that portIOn of the Edgemar parcel With frontage
on Second Street and WIthIn 100 feet of Second Street, whIch were zoned OP-2
prror to any approvals for a zone change to CM-2, shall be subject to the exterror
nOIse standard established for resIdentIal uses as speCifIed In Santa Monrca
MUnicIpal Code Chapter 4 12
43 The property owner shall Irrigate and malntam the landscapmg In the northeast
planter box so that It IS healthy at all times
44 The property owner IS reqUIred to maintaIn the nOIse level of the fan on Second
Street In accordance With CIty ordmances and not hIgher than the nOIse level as
measured on 8/12/88
45 The hedge along Second Street shall be mamtamed by the property owner WIth
the exceptron for access and wmdows to the artIst studiOS, the hedge shall be full
and completely fill In the space between the wall and the Sidewalk
46 With the exceptIon of the 14 permItted outdoor restaurant seats, the outdoor patIo
shall not be used for restaurant servIce of food, beverages, and/or alcoholic
beverages,
47 Ground floor uses shall be limIted to pedestnan oriented uses as defined In SMMC
SectIon 9 04 02 030 650
2:;'
.
48 Any significant change m the approved concept, change In the proportion of the
vanous uses or change In Intensity of use from those uses approved as part of thiS
Development RevIew Permit (for example any change for the proposed theater
space or density Increase to more than 101 seats for the restaurant) shall require
an amendment to the Development Review permit and that additional parkmg be
provided to meet Municipal Code requirements
49 The developer shall notify potential tenants of possible overflights and respective
aircraft nOise, as required by the DIVISion of Aeronautics, Department of
Transportation
50 At least one third of the ground floor retail lease space, exclUSive of the restaurant
and theater shall be designated for leasing to neighborhood commercial uses as
defined In the Land Use Element
51 The Developer shall maintain the Second Street elevatIon including the Second
Street Sidewalk and walls and fences In a clean manner
52 The lessee of the ground floor retail space shall make an affirmative effort to give
prlonty to local residents In regard to hiring The employment opportunities shall be
made publiC to the neighborhood In advance of Los Angeles advertisement In a
local newspaper With City-Wide circulation. copies of announcements mailed to the
Ocean Park Community Organization, the City's Commumty Neighborhood Services
DIVISion and other local organizations as recommended by the City which are likely
to be aware of Santa MOnica residents seekmg employment
53 Outdoor entertainment In the common courtyard may be permitted up to eight days
per year, subject to the review and approval of Temporary Use Permits for such
actiVIties
54 The above conditions shall be recorded as a covenant against the land binding
upon any successor(s) In Interest. In a form approved by the City Attorney SaId
covenant shall replace and reSCind the Agreement ImpOSing Restnctlons on Real
Property recorded on November 28, 1988, as Instrument No 88-1894493 of OffiCIal
Records of the Los Angeles County Recorder's Office
55 The City shall examme the feaSibility of elrmlnatmg the recessed alcoves which
currently eXist at the emergency eXits on the Second Street elevation, and shalf
direct theIr removal If feaSible
56 The applicant shall raise the height of the eXlstmg north Side property wall to the
maxImum extent legally allowed, Includmg applYing for a variance If deSired and
supported by the Immediate residential neighbors
22
57 Subject to review and approval by the Director of Planning and Community
Development, the applIcant shall Install and maintain ample planting, such as ficus
repens, alongside the base of the eXisting north side property wall to the west of the
elevated planter box
58 Pnor to bUilding permit Issuance for any Improvement, the applIcant shall submit a
sound mitigatIon plan prepared by an acoustical engineer that provides measures
to reduce nOise levels created by the siting and distance between bUildings that
Impact Second Street residents and properties north of the site The plan, Including
mitigation measures for sound attenuation, shall be subject to review and approval
by the DIrector of Planning and Community Development After approval, the plan
shall be Implemented pnor to Certificate of Occupancy or final Inspection, as
app ropnate
Vahdlty of Permits
59 In the event permittee Violates or falls 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
60 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 Conditions of approval and
acknowledgmg 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 nghts apphcant may possess regardmg said condltrons The
signed Statement shall be returned to the Planning DIVISion Failure to comply With
thIS condition shall constitute grounds for potential permit revocation
61 ThiS determination shall not become effectIve for a penod of fourteen days from the
date of determination or. If appealed, until a final determination IS made on the
appeal Any appeal must be made In the form requIred by the ZOning Administrator
The approval of thiS permit shall expire If the rights granted are not exercised Within
one year from the permit's effective date Exercise of rrghts shall mean Issuance
of a bUilding permit to commence construction However, the permIt shall also
expire If the bUlldmg permit expIres, If final inspection IS not completed or a
Certificate of Occupancy IS not Issued Within one (1) year of bUlldmg permit
Issuance, or If the nghts granted are not exercised Within two (2) years follOWing the
earliest to occur of the follOWing Issuance of a Certificate of Occupancy or, If no
certificate of Occupancy IS reqUired, the last reqUired finallnspectton for the new
construction One SIX month extensIon may be permitted If approved by the Director
of Plannmg Applicant IS on notice that tIme extensions may not be granted If
development standards relevant to the project have changed Since project approval
23
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62 These conditions of approval supersede and replace all prior City conditions of
approval contained In the following permits DR 253, CUP 370, CUP 502, CUP 90-
065 and ZA 4831-Y
CONDITIONAL USE PERMIT 97-004 (For Live Performance Theater)
CONDITIONS:
Plans
1 This approval IS for those plans dated Apnl 8. 1997, and revised on May 21, 1997
and July 31, 1997, a copy of which shall be maintained In the City Plannrng DIvIsion
files Project development shall be consistent with such plans, except as otherwise
specified m these conditions of approval
2 The Plans shall comply with all other provIsions of Chapter 1, Article IX of the
MUnicipal Code, (Zoning Orchnance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica
3 Prior to bUlldmg permit Issuance for the theater space, the final parkmg lot layout
(mcludmg the provIsion of tandem or stack parkmg spaces for valet parking) and
specifications shall be approved by the Parkmg and TraffiC Engineer
4 Minor amendments to the plans shall be subject to approval by the Director of
Planning and Community Development An Increase of more than 300 sq ft or a
Significant change In the approved concept, such as a change from the theater use
to another use, shall be subject to an amendment to the Development ReView
Permit 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
5 Pnor 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 ArchItectural ReVIew Board, In ItS reView, shall pay particular
attention to the aesthetiC, landscaping, and setback Impacts of any ramps or other
features necessitated by accessibility requirements
6 Plans for final deSign, landscaping, screening, trash enclosures, and slgnage shall
24
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be subject to revIew and approval by the Architectural Review Board
7 The Architectural Review Board. In Its reView, shall pay particular attention to the
project's pedestnan onentatlon and amenities. scale and articulatIon of design
elements, exterior colors. textures and matenals, window treatment. glaZing, and
landscapIng
8 Landscaping plans shall comply with Subchapter 5B (Landscapmg Standards) of
the zOning ordmance Including use of water-conserving landscaping matenals.
landscape maintenance and other standards contamed In the Subchapter
9 Refuse areas, storage areas and mechamcal eqUipment shall screened In
accordance with SMMC Section 9 04 10 02 130-9 04 10 02 150 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 Any rooftop mechanical equipment shall
be minimized m heIght and area. and shall be located m such a way as to mlnrmlze
nOise and visual Impacts to surroundmg properties Unless otherwIse approved by
the Architectural Review Board, rooftop mechanical eqUipment shall be located at
least five feet from the edge of the roof Except for solar hot water heaters, no
reSidential water heaters shall be located on the roof
10 Construction penod slgnage shall be subject to the approval of the Architectural
ReVIew Board
11 As appropnate, the ArchItectural ReView Board shall require the use of anti-graffiti
materials on surfaces likely to attract graffiti
Fees
12 The City IS contemplatIng the adoption of a Transportation Management Plan which
rs mtended to mitigate traffiC and air quality Impacts resultmg from both new and
eXlstmg development The Plan Will likely Include an ordinance establishing
mitigation requirements, Including one-trme payment of fees on certaIn types of new
development, and annual fees to be paId by certam types of employers m the CIty
ThiS ordmance may require that the owner of the proposed project pay such new
development fees, and that employers wlthm the project pay such new annual
employer fees related to the City'S Transportation Management Plan Development
applications shall not be subject to the potential new development fee If no
ordinance Implementmg such fees has been adopted pnor to Issuance of a bUilding
permit for the project
In addition, the applicant has agreed to institute the follOWing Transportation
25
Demand Management (TOM) measures. and shall submit a plan outlining these
measures to the Director of Planning and Community Development
A) Preferential parking shall be provided to persons arriving In vanpools and
carpools
B) Bicycle racks capable of securing at least seven (7) bicycles shaH be
maIntained on the project site
C) Bus passes or tokens shall be made available by the applicant at half pnce
to employees who utilize public transportatIon to and from their place of
work
Construction
13 Vehicles hauling dll1 or other construction debris from the site shall cover any open
load With a tarpaulin or other secure covenng to minImiZe dust emiSSIons
14 A construction penod mitIgation plan shall be prepared by the applicant for approval
by the Department of Environmental and Public Works Management prior to
Issuance of a bUilding permit The approved mitigation plan shall be posted on the
construction sIte for the duratIon of the project constructIon and shall be produced
upon request As applicable, thiS plan shall 1) Specify the names, addresses,
telephone numbers and business license numbers of all contractors and
subcontractors as well as the developer and architect, 2) Descnbe how demolition
of any eXisting structures IS to be accomplished, 3) Indicate where any cranes are
to be located for erection/construction, 4) DesCribe how much of the public street.
alleyway, or sidewalk IS proposed to be used In conjunction With construction, 5) Set
forth the extent and nature of any plle-dnvlng operations. 6) DesCribe the length and
number of any tiebacks which must extend under the property of other persons, 7)
Specify the nature and extent of any dewatering and ItS effect on any adjacent
bUildings, 8) DesCribe antIcipated construction-related truck routes, number of truck
tripS, hours of haulmg and parking location, 9) Specify the nature and extent of any
helicopter hauling, 10) State whether any construction actiVity beyond normally
permitted hours IS proposed, 11) DesCribe any proposed construction nOise
mItigation measures, 12) DesCribe constructlon-penod security measures Including
any fencing, Itghtlng, and secunty personnel, 13) ProVide a dramage plan, 14)
ProVide a construction-period parking plan which shalf mmimlze use of public
streets for parking, 15) list a designated on-site construction manager, 16) ProVide
a construction matenals recycling plan which seeks to maXimize the reuse/recycling
of construction waste, 17) PrOVide a plan regarding use of recycled and low-
environmental-Impact matenals In bUilding construction, 18) proVide a construction
penod water runoff control plan
26
15 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 of respondmg to questions and complaints
dunng the constructIon penod Said sign shall also mdlcate the hours of permissible
construction work
16 The property owner shallmsure any graffiti on the site IS promptly removed through
compliance With the City's graffiti removal program
17 A copy of these conditions shall be posted In an eaSily VISIble and accessible
location at all times dunng constructIon at the project site The pages shall be
lamInated or otherwise protected to ensure durabIlity of the copy
Environmental Mitigation
18 Ultra-low flow plumbmg fixtures are reqUired on all new development and
remodeling where plumbmg IS to be added (MaXimum 1 6 gallon tOilets and 1 0
gallon Urinals and low flow shower head)
19 To mitigate solid waste Impacts, prior to Issuance of a Certificate of Occupancy,
restaurant owner shall submit a recycling plan to the Department of EnVironmental
and Public Works for Its approval The recycling plan shall mclude 1) list of
matenals 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
20 The bUilding address shall be painted on the roof of the bUilding and shall measure
four feet by eight feet (32 square feet)
21 The operation shall at all times be conducted In a manner not detnmental to
surrounding properties or reSidents by reason of lights, nOIse, actIVIties, parking or
other actIons
22 Street and/or alley IIghtrng shall be proVided on publiC rrghts of way adjacent to the
project If and as needed per the specifications and With the approval of the
EnVironmental and Public Works Management Department
23 Mechanical equipment shall not be located on the Side of any bUilding which IS
adjacent to a reSidential bUilding on the adjOining lot Roof locatIOns may be used
when the mechanical eqUipment IS Installed Within a soundrated parapet enclosure
27
24 FInal approval of any mechanical equIpment installation will require a nOise test In
compliance with SMMC section 4 12 040 Equipment for the test shall be provided
by the owner or contractor and the test shall be conducted by the owner or
contractor A copy of the nOIse test results on mechanical equipment shall be
submitted to the Community NOise officer for review to ensure that nOise levels do
not exceed maximum allowable levels for the applicable nOIse zone
25 Final bUilding plans submitted for approval of a bUilding permit shall Include on the
plans a list of all permanent mechanical equipment to be placed outdoors and all
permanent mechanical eqUipment to be placed Indoors which may be heard
outdoors
26 No nOise generating compressors or other such eqUipment shall be placed adjacent
to nelghbonng residential bUildings
27 Openable Windows shall be proVided throughout the project. In a manner consistent
With applicable bUilding code and energy conservatIon reqUirements
28 Street trees along Main Street and Second Street shall be maintained, relocated or
proVided as required In a manner consistent With City's Tree Code (Ord 1242
CCS), per the speCifications of the Department of Community and Cultural Services
and the Department of EnVironmental and Public Works Management No street
tree shall be removed Without the approval of the Department of Community and
Cultural Services and Parks
29 NOise levels for all uses located on that portion of the Edgemar parcel With frontage
on Second Street and wlthm 100 feet of Second Street which were zoned OP-2
prror to any approvals for a zone change to CM-2, shall be subject to the exterror
nOise standards established for reSidential uses as specified m Santa MOnica
MUniCipal Code Chapter 4 12
Parking
30 Parking lot IlIummatlon shall be prOVided and maintained
31 A securrty gate shall be Installed to close off parking areas between the hours of
1 00 a m and 6 30 am, Monday through Frrday, and 200 a m and 8 00 a m on
Saturday and Sunday, With the exception of New Year's Day when the parking area
must be closed at 200 a m Plans for the gate shall be reviewed and approved by
the Director of Planning and Community Development prror to bUilding permit
Issuance for the theater and/or artist studiOS
32 Prror to bUlldmg permit Issuance for the theater, the applicant shall submit a plan to
28
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the Director of Planmng and Community Development for review and approval of
the valet parking and management program requIred for the theater. restaurant
expansion, and artist stud 105 If the Director determmes that addItional review IS
reqUIred, the plan shall return to the Planning Commission for a public heanng This
plan shall Include, but not be limited to, the followmg
A) Valet parking shall be provided after 7 00 pm dally and anytime the theater
space IS In operation for performances or workshops
B) A sign shall be posted that valet parking IS avallable for patrons of the
Edgemar complex after 7 00 P m
C) A charge may be leVied for valet parking
D) The valet servIce shall not park cars on the surface parkmg lot after 9 00
pm, With the exception of vans and vehicles for disabled patrons After 9 00
pm, eXisting parked cars may remain and the surface parkIng lot spaces
shall be blocked to prevent parkmg of addItional cars In a manner
satisfactory to the Director of Plannmg and Community Development
E) The valet service shall not set car alarms
F) Valet servIce shall not Interrupt pedestrian flow m front of the project by
blockmg the Sidewalk
G) The valet service shall not back vehicles down the street
H) The valet Will have an on-site queuing area that IS of suffiCient size to
accommodate two waiting vehicles where customers Will drop off their cars,
and a return area for returnmg vehicles one at a tIme off Main Street
I) The valet operation and management plan shall establish a mmlmum
number of valet attendants and supervisors to be prOVided when the stack
parking operation In use for the theater
J) The valet servIce shall not utilize Second Street as part of Its deSignated
route
K) If, after the theater has been In operation for SIX months, the Director of
PlannIng and Communrty Development determmes that the valet parking
operation and management plan does not adequately address Edgemar
parking needs, the applicant shall submit a reVised plan for review and
approval If the Director determines that additional review IS required the
29
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plan shall return to the Planning CommissIon for a public heanng
Theater Cond Itlons
33 The nghts granted by the approval of DR 96-001 and CUP 97-004 to allow the
theater use cannot be exercised untIl the effective date of the City CouncIl's
approval of Text Amendment 96-003 to amend the Official Dlstnctlng Map from OP-
2 to CM-2 and General Plan Amendment 96-001 to change the land use
designation from medium density reSidential to service and specialty commercial
34 Two live theater performance spaces shall be permitted In the project One theater
shall contain no more than sixty-five (65) seats The second theater shall contam
no more than ninety-nine (99) seats
35 Attendance at performances shall be limited to the maximum number of seats
allowed Standing room only patrons shall not be permitted
36 The prmclpal use of the theaters shall be for live theatrical performances and
rehearsals Additionally. performances (and rehearsals) of musical theater,
movement or dance, films, lectures, conferences, poetry readings, and workshops
shall be permitted In the theaters
37 Attendance at workshops, conferences, or any other permitted events shall not
exceed the maximum number of theater seats or theater operating hours allowed
by thiS permit
38 The theater shall have the following permitted hours of operation. 7.30 p.m. through
11 00 P m on Mondays through Fndays, 1 30 P m through 11 DO p m on
Saturdays, and 1 30 P m through 10 30 P m on Sundays Rehearsals and
workshops are proposed for the hours of 10 00 a m through 11 00 pm Monday
through Fnday, 1000 a m through 1000 pm on Saturdays" and 10 00 a m
through 9 00 P m on Sundays In addition, the performance start times for the two
theaters shall be staggered by a mlnrmum of one half hour
39 Cleanrng crews for the theaters shall not be permitted to work after 11 30 P m
40 All announcements, brochures, and literature for public distribution from the theater
shall announce the availability of parking In City Lot No 11
41 Theater patrons shall not be allowed to self-park on the property Valet parkmg
shall be proVided to patrons for all theater performances A fee may be charged for
the valet service
3D
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.
42 Prior to each performance, the theater operator shall make an announcement that
theater patrons are requested to be sensitive to nOise concerns of adjacent
reSidential neighbors Signs shall also be posted In the lobby requesting theater
patrons to be sensItive to the nOise concerns of adjacent residential neighbors whIle
on the property In general Failure by the theater operator to control any excessive
nOIse by theater patrons after Issuance of at least two written vIolation notices by
the Director of Plannmg and Community Development may be grounds for
revocation of this approval
43 Prior to each performance, the theater operator shall make an announcement that
parking on the adjacent reSidential streets IS prohibited Without a City permit ThiS
announcement shall also appear on all promotional brochures for the theater
44 The theater shall not conduct set assembly or construction on the Second Street
loadmg dock or outdoor portions of the property All such work shall be conducted
mdoors, With all doors closed to the outSide No cooking shall be permitted on the
Second Street loading dock
45 The theater may continue to use the Second Street loadmg dock currently used by
the museum The loadmg dock would be used for deliveries to the theater between
the hours of 10'00 a m and 5 00 P m No use of the loading dock may occur on
Sundays Up to sixteen times per year. the theater may use the Second Street
loading dock until 8 30 pm, at whIch time all loading operations shall cease NotIce
of each Second Street delivery oCCUrring between 500 pm and 830 p m shall be
prOVided to the DIrector of Planning and Community Development a minimum of 24
hours m advance of each anticipated delivery Failure to proVide such notice
constitutes a Violation of these conditions and IS grounds for revocation of permIts
46 The theater may contract With the City for regular trash pick-up from ItS Second
Street eXit
47 Prior to bUIlding permIt Issuance for any Improvement, the applicant shall submit a
sound mitigation plan prepared by an acoustical engineer that prOVides measures
to reduce nOise levels created by the sltmg and distance between bUildings that
Impact Second Street reSidents and properties north ofthe site The plan, mcludlng
mitigation measures for sound attenuation, shall be subject to review and approval
by the Director of Planning and Community Development After approval, the plan
shall be Implemented pnor to Certificate of Occupancy or fmal Inspection. as
appropnate
Validity of Permits
48 In the event permittee Violates or falls to comply With any conditions of approval of
31
I
.
this permit. no further permits, licenses, approvals or certificates of occupancy shall
be Issued until such Violation has been fully remedied
49 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, agreemg 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 regardmg 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
50 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
appeal Any appeal must be made In the form reqUired by the Zoning Administrator
The approval of thIS permit shall expire If the rights granted are not exerCised WithIn
one year from the permit's effective date ExerCise of rrghts shall mean Issuance
of a bUlldmg permit to commence construction However, the permIt shall also
expire If the bUlldmg permIt expires, If final Inspection IS not completed or a
Certificate of Occupancy IS not Issued Within one (1) year of bUilding permit
Issuance, or If the rights granted are not exerCised Within two (2) years follOWing the
earliest to occur of the followmg Issuance of a Certificate of Occupancy or, If no
certificate of Occupancy IS reqUired. the last reqUired final Inspection for the new
construction One SIX month extension may be permitted If approved by the Director
of Planning Applicant IS on notice that trme extensions may not be granted If
development standards relevant to the project have changed since project approval
51 These conditions of approval supersede and replace all prior City conditions of
approval contained In the follOWing permits DR 253, CUP 370, CUP 502. CUP 90-
065 and ZA 4831-Y
VARIANCE 96-001 (To Permit Valet Operated Tandem Parking)
CONDITIONS:
Plans
1 ThIS approval IS for those plans dated April 8, 1997, and revised on May 21, 1997
and July 31, 1997, a copy of which shall be malntamed In the City Planning DIVISion
files Project development shall be consistent WIth such plans, except as otherwise
specified In these conditions of approval
32
.
.
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
3 Prior to bUilding permit Issuance for the theater space, the final parking lot layout
(including the provIsion of tandem or stack parking spaces for valet parkIng) and
specifications shall be approved by the Parking and Traffic Engineer
Fees
4 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
eXlstmg development The Plan will likely Include an ordinance establlshmg
mitigation requIrements, Including one-time payment of fees on certam types of new
development, and annual fees to be paid by certain types of employers In the City
ThiS ordrnance 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 Development
applications shall not be subject to the potential new development fee If no
ordinance Implementmg such fees has been adopted prior to Issuance of a bUIlding
permit for the project
In addition, the applicant has agreed to Institute the follOWing Transportation
Demand Management (TOM) measures, and shall submit a plan outllmng these
measures to the Director of Planning and Community Development
A) Preferential parking shall be provided to persons arriving In vanpools and
carpools
B) Bicycle racks capable of securing at least seven (7) bicycles shall be
maintained on the project site
C) Bus passes or tokens shall be made available by the applicant at half pnce
to employees who utilize public transportation to and from their place of
work
Parking
5 Parking lot Illumination shall be provided and maintained
6 A security gate shall be mstalled to close off parking areas between the hours of
1 00 a m and 6 30 a m Monday through Frrday and 8 00 a m on Saturday and
Sunday, With the exception of New Year's Day when the parking area must be
33
I
closed at 2 00 a m Plans for the gate shall be reviewed and approved by the
Director of Planning and Community Development, prior to bUlldmg permIt Issuance
for the theater and/or artist studioS
7 Prior to bUlldmg permit Issuance for the theater, the applicant shall submit a plan to
the DIrector of Planning and Community Development for review and approval of
the valet parking and management program required for the theater, restaurant
expansion, and artist studioS If the Director determines that additional review IS
reqUired, the plan shall return to the Planning CommisSIon for a public hearing This
plan shall Include, but not be limIted to. the following
A) Valet parking shall be provided after 7 00 pm dally and anytime the theater
space IS m operatIon for performances or workshops
B) A sign shall be posted that valet parking IS available for patrons of the
Edgemar complex after 7 00 p m
C) A charge may be levied for valet parking
D) The valet service shall not park cars on the sutface parkmg lot after 9 00
pm, With the exception of vans and vehIcles for disabled patrons After gOO
pm, eXlstmg parked cars may remain and the surface parkmg lot spaces
shall be blocked to prevent parking of additional cars In a manner
satisfactory to the Director of Planning and Community Development
E) The valet service shall not set car alarms
F) Valet service shall not mterrupt pedestrian flow In front of the project by
blocking the Sidewalk
G) The valet service shall not back vehicles down the street
H) The valet Will have an on-site queuing area that IS of suffiCient size to
accommodate two waltmg vehIcles where customers Will drop off their cars.
and a return area for returning vehicles one at a trme off Mam Street
I) The valet operation and management plan shall establish a minimum
number of valet attendants and supervisors to be proVided when the stack
parking operation In use for the theater
J) The valet service shall not utilize Second Street as part of ItS designated
route
34
f
,
K) If, after the theater has been m operatIon for SIX months, the Director of
Planning and Community Development determmes that the valet parkmg
operation and management plan does not adequately address Edgemar
parkmg needs, the applicant shall submIt a revised plan for review and
approval If the Director determines that additional review IS required the
plan shall return to the Planning Commission for a public heanng
Validity of Permits
8 In the event permittee violates or falls 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
9 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 Plannmg DIVISion. agreemg 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 regarding said conditions The
Signed Statement shall be returned to the Plannmg DIVISion Failure to comply With
thiS condition shall constitute grounds for potential permit revocation
10 ThiS determination shall not become effective for a penod of fourteen days from the
date of determmatlon or, If appealed. until a final determination IS made on the
appeal Any appeal must be made In the form required by the ZOning Administrator
The approval of thiS permit shall expire If the rights granted are not exercised Within
one year from the permit's effective date ExerCise of nghts shall mean Issuance
of a bUildIng permit to commence construction However. the permit shall also
expIre If the bUilding permit expires, If final inspectIon IS not completed or a
Certificate of Occupancy IS not Issued Within one (1) year of bUilding permit
Issuance, or If the rights granted are not exercised wlthm two (2) years following the
earliest to occur of the following Issuance of a CertIficate of Occupancy or, If no
certificate of Occupancy IS required, the last required fmal inspection for the new
construction One SIX month extension may be permitted If approved by the Director
of Planning Applicant IS on notice that time extenSions may not be granted If
development standards relevant to the project have changed sInce project approval
11 These conditions of approval supersede and replace all pnor City conditions of
approval contained In the following permits DR 253, CUP 370, CUP 502. CUP 90-
065 and ZA 4831-Y
35
,
,
12 Approval of Vanance 96-001 to allow 26 rather than 47 parking spaces for the
theater and expanded restaurant seatmg shall not be effective until the effective
date of DR 96-001, CUP 96-011 and CUP 97-004
CONDITIONAL USE PERMIT 96-011 (Ex~ansion of Restaurant)
CONDITIONS:
Plans
1 ThiS approval IS for those plans dated Apnl 8, 1997, and revised on May 21, 1997
and July 31, 1997, a copy of which shall be maintained In the City Planning DIVISion
files 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, (Zomng Ordinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Momca
3 Prior to bUilding permit Issuance for the theater space, the final parking lot layout
(mcludlng the provIsion of tandem or stack parking spaces for valet parking) and
specifications shall be approved by the Parking and Traffic Engmeer
4 Minor amendments to the plans shall be subject to approval by the Director of
Plannmg and Community Development An Increase of more than 300 sq ft or a
significant change In the approved concept, such as a change from the theater use
to another use. shall be subject to an amendment to the Development ReView
Permit Construction shall be m conformance With the plans submitted or as
modified by the Planning Commission, Architectural ReView Board or Director of
Planning Restaurant seatmg may not exceed 101 seats (87 mdoor, and 14
outdoor), Includmg any patio seatmg areas speCIfically deSignated for restaurant
seating The location of the 14 outdoor seats IS limited to the area deSignated as
"Proposed Outdoor Dlnmg Area" on the plans dated April 8, 1997. and reVised on
May 21, 1997 and July 31, 1997
Architectural ReView Board
5 Refuse areas, storage areas and mechanical equipment shall screened In
accordance With SMMC Section 9 04 10 02 130-9 04 10 02 150 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 Any rooftop mechamcal equipment shall
be minimized In height and area, and shall be located In such a way as to minimiZe
36
.
,
nOise and visual Impacts to surrounding properties Unless otherwIse approved by
the Architectural Review Board, rooftop mechanical eqUipment shall be located at
least five feet from the edge of the roof
Fees
6 The City IS contemplating the adoptlon of a TransportatIon Management Plan which
IS Intended to mitigate traffic and air quality Impacts resulting from both new and
eXlstmg development The Plan wlll likely Include an ordinance establishing
mitigation reqUIrements, Including one-time payment of fees on certam types of new
development, and annual fees to be paid by certain types of employers In the City
This ordmance 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 Development
applications shall not be subject to the potential new development fee If no
ordinance Implementing such fees has been adopted pnor to Issuance of a bUilding
permit for the project
In addition, the applicant has agreed to InstItute the followmg Transportation
Demand Management (TOM) measures, and shall submit a plan outlining these
measures to the Director of Plannmg and Community Development
A) PreferentIal parkmg shall be provided to persons arriving In vanpools and
carpools
B) Bicycle racks capable of secunng at least seven (7) bicycles shall be
mamtamed on the p raject sIte
C) Bus passes or tokens shall be made available by the applicant at half pnce
to employees who utilize public transportatlon to and from therr place of
work
EnVironmental Mitigation
7 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 unnals and low flow shower head)
8 To mitigate solid waste Impacts, pnor to Issuance of a Certificate of Occupancy.
restaurant owner shall submrt a recycling plan to the Department of EnVironmental
and Public Works for ItS approval The recycling plan shall Include 1) list of
matenals such as white paper, computer paper, metal cans, and glass to be
recycled, 2) location of recycling bms, 3) deSignated recycling coordinator, 4) nature
37
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,
f
and extent of Internal and external pick-up service, 5) pick-up schedule
Miscellaneous CondItions
9 The operation shall at all tImes be conducted In a manner not detnmental to
surrounding properties or resIdents by reason of lights, nOise, activities. parking or
other actions
10 Mechanical eqUIpment shall not be located on the sIde of any bUilding which IS
adjacent to a reSidential bUilding on the adjOIning lot Roof locations may be used
when the mechanical equipment IS Installed Within a soundrated parapet enclosure
11 Final approval of any mechanical equipment installation will require a nOise test m
compliance With SMMC section 4 12 040 EqUipment for the test shall be prOVided
by the owner or contractor and the test shall be conducted by the owner or
contractor A copy of the nOise test results on mechanical equipment shall be
submitted to the Community NOise officer for review to ensure that nOise levels do
not exceed maximum allowable levels for the applicable nOIse zone
12 No nOise generating compressors or other such equipment shall be placed adjacent
to neighbOring reSidential bUildings
Alcohol Outlet Conditions
13 No bar area shall be developed Within the restaurant
14 The owner shall prohibit lOitering In the VICInity of the restaurant and shall control
nOIsy patrons leaVing the restaurant
15 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 mtent of purchaSing meals
16 In order to mamtaln the primary use of the premises for Sit-down meal service, only
patrons waltrng to be seated shall be permitted to order alcoholic beverages while
standmg In the restaurant
17 The premises shall maintain a kitchen or food-serving area In which a variety of food
IS prepared and cooked on the premises
18 The premises shall serve food to patrons dUring all hours the establishment IS open
for customers
19 Seatmg arrangements for SIt-down patrons shall not exceed 101 seats (87 seats
38
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j
Indoor, 14 seats outdoor) The outdoor seatmg area shall be Irmlted to the landing
area located to the north and to the south of the restaurant entry door Prior to
installation of the seating area south of the restaurant entry, the restaurant operator
shall demonstrate that adequate on-site parking IS available to support thiS
addItIonal seating area Restaurant seating may not block access to or from the
stairs or ramp leading to the common courtyard The eXlstmg plastiC curtain shall
be removed, and no new replacement enclosure shall be Installed A guardraIl shall
be Installed along the area between the top of the stairs and the outdoor restaurant
seats, which shall be subject to the review and approval of the Planning and
Commumty Development Director
20 Take out service shall be only inCidental to the primary Sit down use
21 No alcoholrc beverage shall be sold for consumption beyond the premises
22 No dancmg shall be permitted on the premises
23 The restaurant shall have the follOWing permitted operating hours 7 30 a m to
1200 a m Monday through Thursday, With last reservations taken for 10 00 pm.
on Fndays, from 7 30 a m to 1 00 am, With last reservations taken for 11 00 pm.
on Saturdays, from 9 00 a m to 1 00 a m I With last reservations taken for 11 00
pm, and on Sundays from 9 00 a m to 12 00 am, With last reservations taken for
10 00 P m On New Year"s Eve, last reservations taken shall be for 11 00 pm. and
c10smg shall be at 1 00 a m Employee preparation (excluding food preparation)
and clean-up shall be limited to one hour prrorto openrng and one hour after clOSing
at the restaurant
24 No expansion In number of seats or intensity of operation shall occur Without prror
approval from the City of Santa MonIca and State Alcohol Beverage Control
25 The restaurant shall be operated In accordance WIth a secunty plan approved by the
Chief of Polrce
26 The restaurant shall comply With a plan approved by the Director of Planmng
regarding employee alcohol awareness training programs and polrcles, Including a
deSignated driver program
27 The applicant shall comply With all legal requirements regardmg proVISions for the
disabled, including those set forth In the Callforma Administrative Code, Title 24,
Part 2
28 Prior to Issuance of a bUilding permit, the BUlldmg and Safety DIVISion shall revIew
the proposed odor flltenng system for ItS adequacy
39
,
.
29 Restaurant deliveries shall occur only via MaIn Street No use of Second Street for
deliveries or customer access shall occur Signs shall be posted at all Second
Street access pOints statmg that no restaurant deliveries are permitted
30 Alcohol shall not be served m any disposable container such as disposable plastic
or paper cups
31 No vIdeo or other game machines shall be permitted on the premises
32 Within thIrty (30) days from date of approval (If approved) the applicant shall provide
a copy of the Statement of Official Action for thIs approval to the local office of the
State Alcoholic Beverage Control department
33 Fans and louvers for restaurant mechamcal equipment. Including 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, malntamed,
and operated In conjunction With restaurant operation
34 Deliveries to the restaurant and trash pickup and recycling for the restaurant shall
only be permitted between 8 30 a m and 5 00 p m Monday through Friday, and
between 1000 a m and 5 00 pm Saturday and Sunday Trash shall only be
transferred from the restaurant to the extenor dumpsters between 900 a m and
9 00 P m Dumpsters or other extenor trash containers shall have rubbenzed hds
Restaurant dumpsters shall be locked after 9 00 P m However, If the restaurant
operator provides documentation that the Health Department prohibits interior
refuse storage. trash may be transferred to the exterior dumpsters until 11 p m r at
whIch time the dumpsters must be locked
35 The permitted times for restaurant deliveries and trash transfer, pickup and
recycling shall be posted at a location wlthm the restaurant to ensure that the
employees are aware of the City's restnctlon of such hours The restaurant shall
submit a plan for such Intenor slgnage to the Director of Planning and Commumty
Development for approval
36 The restaurant shall adVise Its vendors that no deliveries Will be accepted outSide
of the permitted hours as regulated by thiS permit
37 The restaurant shall adVise all vendors that deliveries must be made via Main Street
and that no deliveries Will be accepted from Second Street
38 Signs In English and Spanish shall be posted on the inSide of the emergency eXit
door next to the restaurant Instructing employees that thiS eXit IS to be opened only
In the event of an emergency
40
,
.
39 Restaurant employees shall not park on Second Street or Third Street ThIs
prohlbltlon shall be pnnted In the Restaurant's employee manual
40 The operatIon shall at all times be conducted In a manner not detrimental to
surroundmg properties or reSidences by reason of lights. nOIse, actiVities, parkmg.
or other actions FaIlure by the applicant to control any excessIve nOIse by
restaurant patrons may be grounds for revocatIon of thiS approval
41 ThiS approval IS for a Type 47 alcohol license
Parking
42 Parking lot IlIummatlon shall be proVided and malntamed
43 A secunty gate shall be Installed to close off parkIng areas between the hours of
1 00 a m and 6 30 a m Monday through Fnday and 2 00 a m and 8 00 a m on
Saturday and Sunday. WIth the exception of New Year's Day when the parking area
must be closed at 2 00 a m Plans for the gate shall be revIewed and approved by
the Director of Planning and Community Development prior to bUilding permit
Issuance for the theater and/or artist studiOS
44 Prior to bUilding permit Issuance for the theater, the applicant shall submit a plan to
the Director of Planmng and Community Development for review and approval of
the valet parkmg and management program required for the theater, restaurant
expansion, and artist studIOS If the Director determmes that addItIOnal review IS
reqUired, the plan shall return to the Planning Commission for a public hearing ThiS
plan shall mclude. but not be limited to, the followmg
A) Valet parking shall be prOVided after 7 00 pm dally and anytime the theater
space IS In operation for performances or workshops
8) A sign shall be posted that valet parking IS avaIlable for patrons of the
Edgemar complex after 700 P m
C) A charge may be leVied for valet parking
D} The valet service shall not park cars on the sunace parking lot after 9 00
pm, With the exception of vans and vehicles for disabled patrons After 900
pm, eXlstmg parked cars may remain and the surface parkmg lot spaces
shall be blocked to prevent parking of additional cars In a manner
satisfactory to the Director of Planning and Commumty Development
E) The valet service shall not set car alarms
41
,
.
F) Valet service shall not Interrupt pedestrian flow In front of the project by
blocking the sidewalk
G) The valet service shall not back vehicles down the street
H) The valet will have an on-site queuing area that IS of suffiCient Size to
accommodate two waiting vehIcles where customers Will drop off their cars.
and a return area for returning vehicles one at a time off Main Street
I) The valet operation and management plan shall establish a mmlmum
number of valet attendants and supervisors to be provided when the stack
parking operation In use for the theater
J) The valet servIce shall not utilize Second Street as part of ItS designated
route
K) If, after the theater has been In operation for SIX months, the Director of
Plannrng and Commumty Development determines that the valet parkmg
operation and management plan does not adequately address Edgemar
parking needs. the applicant shall submit a reVised plan for review and
approval If the Director determines that additional review IS required the
plan shall return to the Planmng Commission for a public hearing
SpeCial Conditions
45 NOise levels for all uses located on that portion of the Edgemar parcel With frontage
on Second Street and Within 100 feet of Second Street which were zoned OP-2
prior to any approvals for a zone change to CM-2 shall be subject to the exterior
nOise standards established for reSidential uses as speCified In Santa Monica
Mu nrclpal Code Chapter 4 12
46 With the exception of the 14 permItted outdoor restaurant seats, the outdoor patio
shall not be used for restaurant service of food, beverages, and/or alcoholic
beverages
47 The above conditions shall be recorded as a covenant against the land binding
upon any successor(s) In Interest, In a form approved by the City Attorney Said
covenant shall replace and rescind the Agreement ImpOSing Restrictions on Real
Property recorded on November 28, 1988, as Instrument No 88-1894493 of OffiCIal
Records of the Los Angeles County Recorder's Office
42
.
Validity of Permits
48 In the event permittee violates or falls to comply with any conditions of approval of
this permIt, no further permits. Itcenses, approvals or certIficates of occupancy shall
be Issued until such violation has been fully remedied
49 Wlthrn ten days of Plannrng 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 Plannrng DIvIsIon, agreeing to the Conditions of approval and
acknowledgmg that failure to comply with such condItions shall constitute grounds
for potential revocation of the permit approval By signing same. apphcant shall not
thereby waIve any legal nghts applicant 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
50 The rights granted by CUP 96-011 to allow the restaurant expansion cannot be
exercised until the effective date of the City Council's approval of Text Amendment
96-003 to amend the OffiCial Dlstnctlng map from OP-2 to CM-2, General Plan
Amendment 96-001 to change the land use deSignatIon from medium denSity
reSIdential to service and specialty commercial. and Text Amendment 97-004 to
amend Santa MOnica MUniCIpal Code Section 9 04 06 26 070 to remove the seatIng
limitation for restaurants north of Ocean Park Boulevard on the east Side of Marn
Street
51 ThiS determInatIon shall not become effectIVe for a penod of fourteen days from the
date of determination or, If appealed, until a final determination IS made on the
appeal Any appeal must be made m the form reqUired by the Zoning AdminIstrator
The approval of thIS permit shall expIre If the rrghts granted are not exercIsed Within
one year from the permit's effective date ExerCise of nghts shall mean Issuance
of a bUilding permit to commence construction However, the permit shall also
expire If the bUlldmg permit expires, If final Inspection IS not completed or a
CertIficate of Occupancy IS not Issued wlthm one (1) year of bUlldmg permit
Issuance, or If the rrghts granted are not exerCised wlthm two (2) years followmg the
earliest to occur of the followmg Issuance of a Certificate of Occupancy or, If no
certificate of Occupancy IS reqUIred, the last reqUired final inspectIon for the new
constructIon One SIX month extension may be permitted If approved by the DIrector
of Plannrng Applicant IS on notice that time extensions may not be granted If
development standards relevant to the project have changed since project approval
52 These conditions of approval supersede and replace all pnor City conditions of
approval contamed In the follOWing permits DR 253, CUP 370, CUP 502, CUP 90-
065 and ZA 4831-Y
43
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VOTES
OrdI-
nance
Adopt 1st
Resa-- Ordl- Read-
lutron nance Ing to
to 1st Amend
Amend Read- CM
Gene. Ing to DIstrict
ral Amend Deve- Deve.
Plan Official lop- Demal Denial Demal lop-
Council Land 015- ment of of of ment
Mem- Use tnctlng Stan- Appeal Appeal Appeal ReVIew CUP VAR CUP
ber Map Map dards 97-007 97-008 97 -009 96-001 97 -004 96-001 96-011
Ebner Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye
F em-
stem No No No Aye No Aye No No No No
Genser No No No Aye No Aye No Aye Aye No
Green-
berg Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye
Hol-
brook Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye
Rosen-
stein Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye
O'Con-
nor No No No Aye No Aye Aye Aye No No
NOTICE
If thIS IS a final deCISion not subject to further appeal under the City of Santa MOnica
Comprehensive Land Use and ZOning Ordinance, the time wlthm 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 MunIcipal Code Section 1 16010
44
I hereby certify that this Statement of Official Action accurately reflects the final
determination of the City Council of the City of Santa Monica.
~~ i~ 12-i-<q7
signature \... date
Mana Stewart. 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 Slgnature
Pnnt Name and Title
I nrtla Is
F \PLAN\SHARE\COUNCIL\STOAS\DR96001 WPD
6/97
45