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SR-021985-12A t/o z..r otJ :r CjED:PJS:CW:nh Councll Meetlng: February 19, 1985 Santa Monlca, Callfornla 1.2- -A. FER t 9 ttf.j STAFF REPORT TO: Mayor and Clty Councll FROM: Clty Staff SUBJECT: Adoption of Flndlngs and Condl tlons for Declsion on Proposed 130 Seat Restaurant at 3100 Main Street (CUP 371) . At the January 22, 1985 meetlng, the Clty Councll upheld the ap- peal of the decision of the Plann1ng Comm15S1on approving C.U.P. 371 and attaching a cond1tlon requ1r1ng a minlmum of 3000 square feet of ground floor lease space 1n the MarlnejNavy BUlldlng to be designated for leasing to neighborhood servlng commercial uses. In upholdlng the appeal WhlCh challenged the above noted condlt1on the Counc1l approved a substltute conditlon. RECOMMENDATION It lS respectfully recommended that the Clty Councll adopt the followlng flndlngs and rev1sed candltlons 1n connectlon w1th Con- dltlonal Use Permlt 371. FINDINGS 1. The proposed proJect conslsts of a 130 seat restaurant to be located wlthln the MarlnejNavy BUllding recently ap- proved on May 21, 1984 (DR 234). The structure will be located at 3100 MalO Street. - 1 - 12-A FEB 1 9 1985 2. On October I, 1984, the Plann~ng Commiss~on held a publ~c hearlng for the Cond~t~onal Use Perm~t to operate the 130 seat restaurant and follow~ng test~mony cont~ned the publlC hearlng to October 15, 1985. 3. On October 15 the Plann~ng Commlss~on approved the proJect wlth a condltion requiring that 3,000 square feet of ground floor lease space be deslgnated for nelghborhood serv~ng uses for the 11fe of the condltlonal use permlt. 4. On November 5, 1984, the P1annlng Commission adopted Flnd- lngs and Condltlons of approval of the project. On Novem- ber 11, 1984, Councll Member Conn filed a tlrnely appeal of the Planning Commlsslon's action. 5. On January 22, 1985, the City Councl1 conducted a public hearlng on the appeal. Followlng publlC test1mony and dlScusslon the City Councll voted to uphold the appeal thus approving the proJect with a substitute condltion (Condltlon 1) for the fol1owlng reasons: a. The proposed project is 1n conformance with the General Plan Land Use Element. b. The proposed project wlll not pre]Ud1Ce the abillty of the City to adopt a revlsed zonlng ordlnance 10 that the proJect is conslstent wlth the development and use standards of the Maln Street Commerclal Dlstrlct which are incorporated into the adopted Land Use Element. - 2 - c. The C~ty Councll flnds that development over time l.n the Main Street Dlstrlct has lncluded a dlsproportlon- ate number of cornmerclal retal1 projects WhlCh provlde goods and serVlces WhlCh are not prlmarlly nelghborhood servlng. Th1S trend lS wholly lnconsistent with the statement of lntent for the Maln Street Speclal Commer- clal Distrlct contalned In Sectlon 9119 (SMMC) which encourages a variety of commercial and resldential uses WhlCh wlll provide a balanced supply of goods and ser- vices conslstent wlth the historlcal pattern. d. The Cl ty Counell intends to achleve the purposes of Sectlon 9119 (SMMC) development proJects clude a reasonable by requirlng that in the Main Street large scale Distr ict In- componant of nelghborhood servlng uses. e. The restaurant portlon occuples 41 736 sq. ft. or ap- proxlmately one thlrd of the 131878 sq.ft. of retail space lncluded in thlS 37,187 sq. ft. offlce/retall/ resldentlal studlo proJect. The entire project commits a large parcel of undeveloped land to unspeclfled retal1 uses which are not otherWlse requlred to be ne1ghborhood serving. f. Because of the Slze of the restaurant (over 50 seats) and the nature of the fare offered (medium range prlced dinner restaurant wlth separate bar) the restaurant is not consldered a neighborhood serving use. There is a - 3 - reasonable expectat~on that the restaurant w1ll attract non-neighborhood V1s1tors to the Main Street area, thus lncreas1ng the market demand for non-ne1ghborhood ori- ented serVlces and uses ~n the Main Street D1str1ct. g. The C1ty Councll flnds that ~n order to offset the im- pacts of additional non-neighborhood serving uses on the ne1ghborhood and on the future market for non- nelghborhood serving uses and to achieve the purposes of Sectlon 9119 (SMMC) to preserve the balance of goods and services, the provislon of nelghborhood serv1.ng uses wlth~n the larger prOJect 1S necessary. The re- qUlrement for the designat10n of 3,000 sq. ft. of ground floor space for nelghborhood servl.ng uses will offset the ant1clpated nel.ghborhood l.mpacts related to the Slze and nature of the restaurant. h. Glven the attached condltlons of approval, the proposed restaurant and its locatl.on are 1n accordance with good zonl.ng practlce, l.n the publlC l.nterest and necessary that substant1.al )ust1.ce be done 1.n that the restaurant 1S In scale with the overall proJect on the Slte and 1.S compatible with the lntent and purpose of the Maln Street Speclal COIT~erc1al D1strlct Ordinance. 1. Glven the attached condit1ons of approval, the proposed restaurant is compatible wlth existing and proposed uses W1 thl.n the general area r trafflc or parkl.ng con- gestion will not result, the public health, safety and - 4 - general welfare are protected and no harm to adJacent propertles wlll result ln that the restaurant 15 well integrated lnto the overall project on the site, lS served by adequate free/valldated on slte parklng, and lS being established by known, professlonal restaurant operators familiar with the needs and concerns of the nelghborhood. DECISION Based upon the foregolng findings the City Council and the Clty of Santa Monica approved the appeal of Condltional Use Permit 371 sUbJect to the followlng condltlons: 1. In order to correct the imbalance noted in finding 3, a por- tion of ground floor retail lease space shall be designated for leaslng to non-food related neighborhood servlng uses as set forth in SMMC Sectlon 91l9B2 ("Maln Street Plan") in the following order of prlorlty: (a) Nelghborhood convenlence stores and services currently not located on Maln Street, speclflcally a pharmacy, hardware store, key shop, print shop, shoe repair, blcycle repair shop, and newsstand. (b) Neighborhood convenience stores and serVlce5 WhlCh are now located on Maln Street, but of which there 15 not an oversupply, speclflcally, shop, photo processing shop, laundromat, dry cleaners, a second-hand store, book florlst or plant nursery, repalr shop for household - 5 - equipment, gymnas~um or dance stud~o, pet store, theater or audltorlum w~th fewer than 75 seats, tailor or dressmaker, stationary store, f~sh and/or meat med~cal or dental market only, upholsterer's cl~nics. Falllng that, shop, (c) General retall uses not listed above. When 75% of the ground floor retail space 15 leased, before any business license 1S granted for any use not spec1fled 1n (a) or (b) above, appl1cant shall report to the Plann1ng Commission at a publlC hear~ng to describe 1tS leas1.ng process and why it was unable to provlde any of the uses llsted In (a) or (b) above. If, however, any of the uses llsted in (a) and (b) above are pro- v1ded in the 75% already leased, no report to the Planning Com- mlSSlon will be requ1.red. When the proJect is fully leased, lf none of the uses listed in (a) or (b) above are provided in thlS proJect, the Plannlng Com- mlSS1.0n will make flndlngs, after a publ1.c hearing, as to whether or not Appl1.cant has made all good faith efforts to comply w1th the requirements of thlS Condit1.onal Use Permit. If the Planning CommlSS1.0n flnds that Appllcant has not met the requirements of th1s CUP, the matter W1.11 be referred to a hear1.ng examlner to determ1.ne whether the CUP should be revoked. The decision of the hearlng offlcer may be appealed to the C1.ty Councll. 2. All cond1.tions of approval of Development Review 234 ap- pl1.cable to tenant bus1.nesses in the subJect bU1.ld1.ng com- plex shall apply to the restaurant and l.ts operatlon. - 6 - 3. The r1ghts granted hereln shall be effect1ve only when exer- c1sed wlthln a per10d of one year from the effect1ve date of approval. Upon the wrJ. tten request of the applJ.cant, the DJ.rector of Planning may extend thJ.s perlod up to an addl- tlonal one year. 4. The appllcant shall comply wlth all legal requirements regardJ.ng prov1s1ons for the disabled, lncluding those set forth 1n the Californla Admlnistrative Code, Tltle 24, Part 2. 5. The operatlon shall at all times be conducted 1n a manner not detrimental to surroundlng propert1es or res1dents by reason of lights, actions. nOJ.se, activities, parking or other 6. Per Development ReVlew 234, a parklng and trafflC management plan shall be approved by the Parking and Traffic Engineer prlor to issuance of a Certlflcate of Occupancy for that portlon of the proJect occupled by the restaurant. Any terms of th1S plan notwlthstanding, the restaurant operators shall prov1de free parklng, wlth valldatlon If necessary, to all customers and ensure that free parklng is provided to all employees. 7. Hours of operatlon for the bar/lounge area shall not extend beyond the hours of food service in the restaurant and in no event later than m1dnlght. - 7 - 8. The valet serV1ce for the exit1ng restaurant patrons be 10- cated on Mar1ne Street rather than on Main Street 1n order to provlde for cars going north to turn left on Main Street rather than proceedlng from Maln Street to Navy to Ne1lson Way and adding traff1c to Ne1lson Way. Prepared by: Carol Waldrop Manager, Planning and Zoning D1V1S1on Community and EconOffi1C Development Department cc - 8 -