SR-021985-12A
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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