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SR-120297-9D q- D PCD SF KG AS f \plan\share\councll\stoas\dr96001 wpd 1~1ti. Jq7 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 1 '''alq, q-/) -- --- - -- --- 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. 2 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 3 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 4 . 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 5 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 6 . 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 - - - - 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 7 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 8 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, 9 . 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 10 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 11 . 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 12 . 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 13 . 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 14 ~ 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 15 . 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 16 . 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 18 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 . . 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 . 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 . 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 . 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 . . 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 ---- , 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 . 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 . 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