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SR-011387-12B l. ~ tic 2--cPO 7" /.2 -:8 JAN 1 3 1987 C/ED:RAS:KR:lw Council Mtg: January 13, 1987 Santa Monica, California TO: Mayor and City council FROM: City staff SUBJECT: Appeal of Development 2820 Main Appellant: Planning commission Decision Approving Review 347a, Conditional Use Permit 43la, street. Applicant: Wave Restaurant. Councilmember Herbert Katz. INTRODUCTION This report recommends that the city Council support the appeal and deny Development Review 347a, Conditional Use Permit 431a for the expansion of the Wave Restaurant on Main street from a 49 seat restaurant to an 85 seat restaurant with an on-site general spirits license. Following a public hearing on November 10, 1986 the Planning Commission approved the applicant's request by a 4-3 vote. BACKGROUND On August 16, 1982 the Planning Commission approved DR 093 for the remodel of the existing structures at this location for use as a restaurant with an existing liquor license, a bakery and flower mart. The Planning Commission also approved a Variance (ZA 4567-Y) to allow the remodeling to occur without the provision of parking. The property had previously been a bar and restaurant with no parking other than undesignated parking in front of the site for approximately four cars. This open area, previously used informally for parking, was designed in the approved project as a landscaped public park area. - 1 - /,l-3 JAN 1 3 1987 :: -- """ On November 22, 1984 the Planning staff approved an amendment to DR 093 for the retention of the original footprint of the project, and rehabilitation of the existing structures with the exception of the building at the northeast corner of the site which was proposed for demolition and reconstruction in order to make it part of the larger building cluster (Exhibit A). The conditions of approval for the amendment to DR 093 were subsequently amended on February 19, 1985 (Exhibit B). In administratively approving the amendment to DR 093, restaurant seating was limited to 49 seats, not including fixed seating in the public park area per the approved plans: valet parking was required to be provided during restaurant hours: bicycle racks were required: and hours of operation were limited to a closing hour of midnight, Monday through Thursday and 1:00 A.M., Friday through Saturday. The bar was limited to a closing hour of midnight or whenever food services cease, whichever occurs first. Subsequently 1 at their March 12-15, 1985 meeting, the Coastal commission approved the project with the condition that four parking spaces be provided through the purchase of four monthly City parking permits for use at the pUblic parking lot to the rear of the site. On July 1, 1986 the applicants submitted Development Review and Conditional Use Permit applications to increase their 49 seat restaurant to 155 seats with an on-site general spirits license. At the October 6, 1986 Planning commission hearing the applicants withdrew this application and indicated that they would reapply for an 85 seat restaurant. - 2 - .. { On October 10, 1986 the applicants submitted new Development Review and Conditional Use Permit applications to increase their 49 seat restaurant to 85 seats with an on-site general spirits license. Planning staff recommended denial of this project based upon the increase in traffic congestion and parking demand which would occur as a result of this proj ect and which staff felt could not be adequately accommodated in the area. Staff also recommended denial of this project in that the additional seating would intensify the use in a block which already has more than two restaurants. On November 10, 1986 following a public hearing the Planning commissioners on a 4-3 vote approved Development Review 347a, Conditional Use Permit 431a, subject to the findings and condi tions contained in the statement of Official Action (Exhibit C). An appeal of the Planning commisison determination was filed by Councilmember Herbert Katz on November 17, 1986 (Exhibit D). The appellants basis of appeal is the general lack of parking in the area to support this expansion, the availability of parking for this expansion on a long term basis and the proposed use of parking spaces located at the Ehringer development at 3100 Main street for this restaurant expansion. ANALYSIS As indicated in the November 10, 19B6 staff report the proposed proj ect will require a parking variance to permit 7 required parking spaces for the 36 additional seats to be located in a private parking lot 150 feet north of the site. The applicants - 3 - .. '! propose to provide 24 parking spaces in this lot with eight spaces in tandem and service it through a valet parking system. The Wave Restaurant currently leases this lot and provides valet parking for its customers at a $2.00 charge. Additionally, as evidenced from letters received, the Wave Restaurant permits several retail businesses on Main street to park in this lot during their business hours (Exhibit E). The appellant has indicated his concern that the proposed parking for the expansion could result in multiple overlay use of the existing parking used by the restaurant. Planning staff supports the appellant I s concern as it appears that by increasing the restaurant seating capacity and utilizing the parking lot the Wave and other businesses already use to meet the new parking demand, some customers, either from the Wave Restaurant or the other retail businesses, will be displaced from using this lot. In response to this concern, the applicant indicated in their public testimony at the Planning Commission hearing that they intend to enter into a 20-year lease for 15 parking spaces at the Ehringer development at 3100 Main street. They indicated that these parking spaces are in excess of what the Ehringer Development is required to have since Mr. Ehringer has indicated that he does not intend to open a 130 seat restaurant in this development as originally approved. The appellant has indicated his concern that use of parking at 3100 Main street for the Wave Restaurant may result in problems, considering the distance of the Wave Restaurant to this project and the potential for a restaurant to open in the 3100 Main - 4 - ~ street development in the future. Planning staff concurs with the appellant's concerns since there are no long-term guarantees that there will never be a restaurant in the Ehringer development in the future which will be required to utilize these parking spaces. In approving the project, the Planning commission required that valet parking be provided during all hours of operation and that the valet parking shall utilize off-street parking within 750 feet of the restaurant. A total of 36 parking spaces shall be provided, four of which may be by permit in City or County lots and these four spaces may be located outside the 750 foot radius. The Planning commission required a written report to be submitted twice a year to the Director of Planning and the Parking and Traffic Engineer to indicate where these parking spaces are provided, the number of spaces in each location and the name and address of the valet parking contractor. Should this report not be received or off-street parking not be available, the applicant shall be required to reduce the seating to a maximum of 49 seats until such time as the report is received and/or off-street parking is secured as the case may be. Planning staff maintains that this type of condition of approval is not a good policy to set on Main street in that the number of parking spaces required by the Planning Commission is not based on any traffic analysis, and since the Wave restaurant's parking situation is not unique, this type of condition may encourage other restaurants on Main street to be expanded without the provision of on-site parking. - 5 - ~ Planning staff also has concerns about this project in terms of carrying out an effective enforcement program. Prior to the submission of a Development Review and Conditional Use Permit application for this project the City and Coastal Commission received complaints regarding the Wave Restaurant's operation. The complaints focused on the restaurant's installation of seating in excess of 49 seats without proper permits, and automobiles being left in the valet parking drop-off area for extended periods of time. A chronology of inspections and actions concerning these complaints is outlined in the November 10, 1986 Planning Commission staff report (Exhibit F). Planning staff maintains that approval of this project tends to negate the previous enforcement actions taken concerning this restaurant and sets a precedent for other potential Zoning Code violators. Planning staff maintains that the proposed increase in seating at the Wave Restaurant will result in increased traffic congestion and a greater parking demand which cannot adequately be accommodated in the area. Additionally, staff believes that although the Wave Restaurant was llgrandfathered in" with 49 seats because a restaurant was previously at this location, any expansion in seating should not be permitted in that the use of the restaurant will be intensified and there are already more than two restaurants in this block. CITY COUNCIL AUTHORITY Under the provisions of section 4, Ordinance 1321 and section 9148c (SMMC), the City Council may affirm, reverse or modify any - 6 - -: determination of the Planning commission in regard to a Development Review Permit and Conditional Use Permit and the decision of the City council shall be final. In approving an application, the council on appeal must make appropriate findings and may add conditions necessary to protect the public welfare. BUDGET/FISCAL IMPACT The recommendation presented in this report does not have a budget/fiscal impact. RECOMMENDATION staff respectfully recommends that the city council grant the appeal and deny the project as submitted and direct staff to prepare appropriate findings for adoption at a subsequent Council meeting, such findings to be based on those contained in the March 3, 1986 staff report. Prepared by: R. Ann siracusa, Director of Planning Suzanne Frick, Principal Planner Karen Rosenberg, Associate Planner City Planning Division community and Economic Development Department Exhibi ts : A) Attachment to the Application for Administrative Approval of Amendment to DR 093 B) Amended conditions of Approval for Administrative Approval of Amendment to DR 093 C) statement of Official Action D) Letter of Appeal, Councilmember Herbert Katz E) Letters from B-1 Gallery, Mudra, st. Matthews Thrift Shop F) Staff Report to Planning Commission, November 10, 1986 G) Staff Report to Planning commission, October 6, 1986 - 7 - ., ~ EXHIBIT A Attachment to ,the Application for Admin1strative A~proval of Awendment to DR 093. .j ; J DR 093 was approved on August 16, 1982 and received Architectural Review Board approval in 1983. { . .- The original approval was for the remodel of the existing struc- tures at the northwest corner of Main Street and Ashland Avenue for use as a 49 seat patio/restaurant (with an existing liquor license), bakery and flower mart. A parking variance was ap- proved as well. The property had been a bar and restaurant for many years with no parking other than undesignated parking for approximately four cars. The open area previously used informal- ly for parking was designed in the approved project for a public landscaped park area. I!:I The request to amend DR 093 would preserve the original footprint of the project through rehabilitation of the existing structures. The structure at the northeast corner of the lot will be removed and restructured as a part of the larger building cluster. The buildings are surrounded by a wall which will integrate the structures and define the space. The resta~r~nt will not exceed 49 seats including those at the bar/dining area. This project is not subject to review under the new conditional use permit procedures since it was previously approved for this use and the Alcoholic Beverage Control records substantiated that a liquor license remained active on this prop- erty since project approval and lapsed only briefly as the prop- erty was sold in Aug1.lst 1984. The square footage increase is less than 10%. In that the use is essentially the same as that approved by the Planning Commission, the existing building will be remodeled within approximately the same configuration and square footage, and the same amount of public area and the permit has not expired, the Director of Planning approves this amendment as described above and shown on the attached plans subject to the followlng conditions: 1. Total seating for the restaurant, bar and restaurant patio shall not exceed 49 seats. Seating in the public park area is not included in the 49 seat limitation. 2. Any increase in the intensity or change in proposed mode of operation (as described in the attachment) shall neces- sitate review by the Planning Commission and approval of a Conditional Use Permit pursuant to the Ordinance requiring Conditional Use Permits for alcohol outlets. 3. Valet parking shall be provided at no cost to customers of the restaurant during restaurant hours. In addition, bike racks shall be provided on site. 4. The bar area shall close at the same time as the res- taurant meal service ceases and shall not exceed midnight. - 1 - ) .' 5. The Arc......tectural Review Board, in ,-heir review, shall pay particular attention to the project's pedestrian orienta- tion and pedestrian amenities; scale and articulation of design elements; exterior colors, textures and materials; window treatment; glazing; and landscaping. 6. Minor amendments to the plans shall be subject to approval by the Director of Planning. An increase of more than 10% of the square footage or a sign~ficant change in the ap- proved concept shall be subject to Planning Commission Review. Construction shall be in substantial conformance with the plans submitted or as modified by the Planning Commission, Architectural Review, Board or Director of Planning. 7. The rights granted herein shall be effective only when exercised within a period of one year from the effective date of approval. Upon the written request of the appli- cant, the Director of Planning may extend this period up to an additional six months. ~ B. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative Code, Title 24, Part 2. 9. ReDuse areas, storage areas and mechanical equipment shall be screened in accordance with Sec. 91l7J.2-4 (SMMC). Re- fuse areas shall be of a size adequate to meet on-site need. 10. The operation shall at all times be conducted in a manner not detrimental~to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. 11. Street trees shall be relocated or provided as required in a manner consistent with the City's Tree Code COrd. 1242 . CCS), per the specifications of the Department of Recre- ation and Parks and the Department of General Services. No street tree shall be removed without the approval of the Department of Recreation and Parks. Date 't( 1.1 i 9J4 ~,~ pa~l J. ,\Silvern Dilecto~bf Planning CW:nh DR093 - 2 - . :/. lI' '. EXHIBIJ: B Amended Conditions of Ap?roval for Administrative Approval of Amendment to DR 093. 1. 2. 3. '. 4. 5. 6. 7. B. 9. -- Total seating for the restaurant, bar and restaurant patio shall not exceed 49 seats. Fixed seating in the public p.ark area per approved...plans shall not be included in the 49 seat limitation. Valet parking shall be provided during restaurant hours. In addition, bike racks shall b~ provided on site. Permitted hours of operation: Rest~urant Monday-Thursday until midnight Friday-Sunday until -":o'ne a.m. Bar Monday- Sunday until midnight or whenever food service ceases, whichever occurs first. Alcohol may be served in the res- 9 taurant in conjunction with meal service during all per- mitted restaurant hours. The Architectural Review Board, in their review, shall pay particular attention to the project's pedestrian orienta- tion and pedestrian amenities: scale and articulation of design elements: exterior colors, textures and materials: window treatment; glazing; and landscaping. . Minor amendments to the plans shall be subject to approval by the Director of Plann~ng. An increase of more than 10% of the square footage or a significant change in the ap- proved concept shall be subject to Planning Corrunlssion Review. Construction shall be in substantial conformance with the plans submitted or as modified by the Plann~ng Commiss~on, Architectural Review Board or Director of Planning. The rights granted herein shall be effective only when exercised within a period of one year from the effective date of approval. Upon the written request of the appli- cant. the Director of Planning may extend this period up to an additional six months. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative Code, Title 24, Part 2. Refuse areas. storage areas and mechanical equipment shall be screened in accordance with Sec. 9ll7J.2-4 (SMMC). Re- fuse areas shall be of a size adequate to meet on-site need. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities. parking or other actions. - 1 - J ) 10 10. Street' trees shall be relocated or provided as required in a manner consistent with the City's Tree Code COrd. 1242 CCS), per the specifications of the Department of Recre- ation and Parks and the Department of General Services. No street tree shall be removed without the approval of the Department of Recr~ation and Parks. Cl (/1 /~S Da te l ' I' ~ tf~::J.~l, ',,- Paul J. 5ilve~~v~ Director of Planning CW:nh ST093 -;;:... " " 9 , . . . " - 2 - EXHIBIT C STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: DR 347a, CUP 431a LOCATION: 2820 Main street APPLICANT: Wave Restaurant REQUEST: To Permit the Expansion of an Existing Restaurant to Over 50 Seats with a General spirits License PLANNING COMMISSION ACTION 11/10/86 Date. x Approved based on the following findings and subject to the conditions below. Denied. Other. DEVELOPMENT REVIEW FINDINGS 1. The development is consistent with the findings and pur- pose of Ordinance 1321 as set forth below. 2. The physical location and placement of proposed structures on the site are compatible with and relate harmoniously to surrounding sites and neighborhoods in that the restaurant is currently operational, no physical alterations are pro- posed for the structures and the existing low planter wall at the front and south side of the site will be removed per Condition 4 and outdoor public seating will be in- stalled per Conditions 3 and 5 attached herein making the open space area more public inviting. 3. The existing and/or proposed rights-of-way and facilities for both pedestrian and automobile traffic will be ade- quate to accommodate the anticipated results of the pro- posed development including off-street parking facilities and access thereto in that per Condition 2 attached herein, a minimum of 36 off-street parking spaces shall be provided for restaurant use with valet parking available during all hours of operation and the applicant shall pro- vide the Director of Planning with documentation verifying the provision of this parking in a manner set forth in Condition 2. - 1 - 4. The existing and/or proposed public and/or private health and safety facilities (including, but not limited to, sanitation, sewers, storm drains, fire protection devices, protective services, and public utilities) will be ade- quate to accommodate the anticipated results of the pro- posed development. 5. The proposed development is consistent with the General Plan of the city of Santa Monica and the Zoning Ordinance in that the project will conform to the height, bulk, use and urban design policies for the Commercial Corridor as specified in the Land Use Element of the General Plan and conform to the appropriate CM2 standards contained in the Zoning Ordinance. ALCOHOL OUTLET FINDINGS 1. The proposed use and location are in accordance with good zoning practice, in the pUblic interest, and necessary that substantial justice be done in that the proj ect is for the sales of general spirits incidental to the sales and consumption of food served on the premises. 2. The proposed use is compatible with existing and potential uses within the general area; traffic or parking congestions will not result; the public health, safety, and general welfare are protected; and no harm to adjacent properties will result in that the use is allowed in the CM2 zone, and valet parking will be provided during restaurant hours to accommodate the parking demands generated by the project. 3. The welfare of neighborhood residents will not be adversely affected in that conditions of approval will be required to mitigate the impact of parking by restaurant customers in adjacent residential areas. 4. The change in the license will not contribute to an undue concentration of alcohol outlets in the area in that this restaurant has an existing general spirits license and no change to the existing license classification is proposed as a result of the increase in number of restaurant seats. 5. There will be no detrimental affect on nearby residentially zoned neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets in that the restaurant has an existing general spirits license, is not located in an area with a large concentration of schools or churches and the conditions for approval will minimize the potential affect on adjacent residential uses. - 2 - I CONDITIONS 1. The maximum number of fixed seats for the restaurant shall be limited to 85 seats. No greater number of seats shall be available for food or bar service without the amendment of this CUP or the approval of a new CUP. 2. The applicant shall provide for valet parking to serve the restaurant during all hours of operation. Such valet parking shall have the use of off-street parking at locations not more than 750 feet from the Restaurant, which off-street parking shall provide for not less than 36 parking spaces, four of which may be by permit in City or County lots, which need not be within 750 feet. The applicant shall file a written report with the Director of Planning (with a copy to the Parking and Traffic Engineer) during the 30 days prior to January 31 and July 31 of each year describing (a) the location of the parking spaces required by this condition, (b) the number of spaces at each such location, and (c) the name and address of the valet parking contractor providing for valet parking. If this written report is not received by the Director of Planning in a timely manner, the Director of Planning shall notify the applicant and require the number of fixed seats on the premises to be reduced to 49 seats until such time as the report is properly filed. If on any date the applicant does not have off-street parking which meets the terms of this condition, the applicant shall immediately notify the Director of Planning and shall reduce the fixed seats on the premises to 49 seats until such time as additional parking in accordance with this permit is secured. 3. The applicant shall construct or install six seats or stools within the open space area of the property. 4. The applicant shall remove the low landscaping wall located on the frontage along Ashland Avenue as shown on the submitted drawing and shall connect the walkway on the property to the sidewalk. 5. The applicant shall construct or install six seats or stools facing Ashland Avenue in the area northeast of the area in which the wall is removed under the terms of Condition No.4. 6. The applicant shall convert one set of French doors within the new seating area into an emergency fire door with appropriate hardware and signage to the satisfaction of the Building Department and Fire Department. 7. valet parking shall be provided during restaurant hours. In addition, bicycle racks shall be provided on site. - 3 - 8. Permitted hours of operation: Restaurant Monday-Thursday until midnight, Friday-Sunday until one a.m. Bar Monday-Sunday until midnight or whenever food service ceases, whichever occurs first. Alcohol may be served in the restaurant in conjunction with meal service during all permitted restaurant hours. 9. The rights granted herein shall be effective only when exercised within a period of one year from the effective date of approval. Upon the written request of the applicant, the Director of Planning may extend this period up to an additional six months. 10. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative Code, Title 24, Part 2. 11. Refuse areas, be screened Refuse areas need. storage areas and mechanical equipment shall in accordance with Sec. 9ll7J.2-4 (SMMC). shall be of a size adequate to meet on-site 12. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. 13. No alcoholic beverages shall be sold for consumption beyond the premises. The applicant shall prohibit the consumption of alcohol within the open space area of the property. It shall be the responsibility of the applicant to enforce this requirement. 14. street trees shall be maintained, relocated, provided or replaced as required in a manner consistent with the city's Tree Code (Ord. 1242 CCS), per the specifications of the Department of Recreation and Parks and the Department of General Servics. No street tree shall be removed without the approval of the Department of Recreation and Parks. 15. This Conditional Use Permit shall expire on December 31, 1991 and it shall be the owners responsibility to file a new Conditional Use Permit application at least 120 days prior to expiration of CUP 431a. 16. The applicant shall control noisy patrons leaving the restaurant. 17. The primary use of the premises shall be for sit-down meal service to patrons. - 4 - 18. In order to maintain the primary use of the premises for sit-down meal service, patrons shall not be permitted to use the bar unless they are waiting to be seated for meal services. 19. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises. 20. The premises shall serve food to patrons during all hours the establishment is open for customers. 21. Take out service shall be only incidental to the primary sit-down use. 22. No dancing or live entertainment shall be permitted on the premises. 23. Final plans for any changes to exterior design, landscaping, trash enclosures, and/or signage shall be subject to review and approval by the Architectural Review Board. 24. This determination shall not become effective for a period of twenty days from the date of determination or, if ap- pealed, until a final determination is made on the appeal. 25. Approval of this project shall be subject to approval of a parking variance, ZA-5077-Y' and any conditions attached therein. VOTE Ayes: Nays: Abstain: Absent: Burns, Israel, Latimer, Nelson Farivar, Hecht, Perlman I hereby certify that this statement of accurately reflects the final determination commission of the City of Santa Monica. Official Action of the Planning signature date print name and title KR:nh STCUP431 12/2/86 - 5 - filE CO~y C(i~~g~ ) EXHIBIT D I- I SIXTEEN EIGHTY FIVE MAIN STREET SANTA MONICA. CALIFORNIA 90401 Herbert Katz Council Member November 17, 1986 planning Division 1685 Main street, Room 212 Santa Monica, California 90401-3295 Re: CUP 431a and DR 347a I would like to appeal the Planning Commission approval of Conditional Use Permit 43la and Development Review for 2820 Main street for the following reasons: l. There is currently a lack of parking in the area and the project proposal does not provide adequate assurance of a long term parking commitment for the expansion, 2. The use of the Ehringer site parking is questionable- in terms of distance from the restaurant and in terms of- possible conflicts with required parking for a restaurant in that project, and 3. The propdsed parking for the expansion could result in mUltiple overlay use of the existing parking lot used by the restaurant. Please advise me when the appeal will be scheduled for public hearing before the City council. RAS Katzapl 11/18/86 EXHIBIT E 2730 MAIN STREET. SANTA MONICA, CA 80405 . 213 392-8625 Octobe r 4, 1986 City of Santa Monica Planning CommisSion C I t y Ha I I Santa Monica, CA 90401 Dear Planning CommisSion: We are a bUSiness on Main Street, and although we do not lease parking from Wave Restaurant, they al low us to park there durIng the daytime. This greatly assists an already problematic parking situation on Main Street. Their cooperation benefits not only us, but our customers. Sincerely, ~~~~ Robert J. Berman Owner/Director B-1 Gallery Robert Berman Gallery Robert Berman FIne Art RB/kvk cc: Wave Restaurant EXHIBIT E . ~U[)~A\ ~44S ft'\A1p.w ~I. 54p.wT.4 MVM(;.4. CA. lJIJ41Jt1 10 whom It mal' concern: This Is certify that M.udra Inc., rents from the Wave l2enurant. three parklnQ spaces. _onth.y. at the rate of $4()1I).OO per. month. " ~ -f EXHIBIT E ST. MATTHEW'S THRli'T SHOP 2812 :r..iAIN STREET, SANTA MOKICA, CA 90405 / (213) 396-9776 /o-7'-yC 4U771J'7~) ~ 4J~~' ~/. .ed y~.~. - ~/b~j :::i;-- ~~ -)~ ~ / ~j V- ~ /Z.-L ~ ./ ~ r"::;t YL~";~ ~ L:c- ~~ ~ ~I /r~ ~~~-,"/~r.~ ~~ ~~~ ~~~~Yz~ ~ ~~::z:- ~ ~ ~. 1J::LhO ~ EXHIBIT F CITY PLANNING DIVISION COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT MEMORANDUM DATE: November 10, 1986 TO: The Honorable Planning Commission FROM: R. Ann Siracusa, Director of Planning SUBJECT: DR 347a, CUP 431a, To Permit the Expansion of an Existing Restaurant to OVer 50 Seats with a General Spirits License. Address: Applicant: 2820 Main street Wave Restaurant SITE LOCATION AND DESCRIPTION The subject property is a 5,700 sq. ft. parcel located at the northwest corner of Main Street and Ashland Avenue having a frontage of 75 feet. Surrounding uses consist of retail and office uses (CM2) to the north, retail and office uses (CM2) to the south, retail and office uses (CM2) to the east and public parking (R4A) to the west. Zoning District: CM2 Land Use District: Commercial Corridor Parcel Area: 75' X 76' PROPOSED PROJECT The applicant is proposing to expand the Wave Restaurant on Main street, currently with 49 seats, to an 85 seat restaurant with an on-site general spirits license. All seating will be located within the building. Food and alcohol will be provided throughout the restaurant. Proposed hours of operation are 11:30 a.m. to 1:00 a.m. The restaurant currently has an on-site general spirits license. Under Ordinance 1321 (CCS) Development Review is required in that the restaurant is over 50 seats. Additionally, under Ordinance 1319 (CCS), a Conditional Use permi t is required in that the number of restaurant seats is being expanded by more than 25%. A Conditional Use Permit is also required per Section 9119B4d of the Santa Monica Municipal Code, in that the restaurant is proposed to have over 50 seats. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project is inconsistent with the Municipal Code and General Plan in that a parking variance will be required to - 1 - permit the required parking for the located at a lot 150' north of the site. additional seats (Attachment A). to be CEQA STATUS The project is categorically exempt from the provls10ns of CEQA, City of Santa Monica Guidelines for Implementation (Class 1 (21)). FEES The proj ect is exempt program contained in Element. from the Housing the adopted Land and Use Parks Mitigation and Circulation ANALYSIS Background and Prior Actions On August 16, 1982 the Planning Commission approved DR 093 for the remodel of the existing structures at this location for use as a restaurant with an existing liquor license, a bakery and flower mart. The Planning Commission also approved ZA 4567-Y to allow the remodeling to occur without the provision of parking. The property had previously been a bar and restaurant with no parking other than undesignated parking in front of the site for approximately four cars. This open area, previously used informally for parking was designed in the approved project as a landscaped public park area. On November 27, 1984 Planning staff approved an amendment to DR 093 for the retention of the original footprint of the project, and rehabilitation of the existing structures with the exception of the building at the northeast corner of the site which was proposed for demolition and reconstruction in order to make it part of the larger building cluster (Attachment B). As part of the Administrative Approval the conditions of approval were amended on February 19, 1985 (Attachment C). Staff found that a Condi tional Use Permit was not required for this proj ect under Ordinance 1319 (CCS) since an alcohol license was previously approved for the project and the Alcoholic Beverage Control Records substantiated that a liquor license remained active at this site since DR 093 was originally approved except for a brief lapse when the property was sold in August 1984. In administratively approving the amendment to DR 093, restaurant seating was limited to 49 seats, not including fixed seating in the public park area per the approved plans, valet parking was required to be provided during restaurant hours, bicycle racks were required and hours of operation were limited to a closing hour of midnight Monday-Thursday and one a.m. Friday-Saturday. The bar was limited to a Closing hour of midnight or whenever food service ceases, whichever occurs first. The project subsequently received approval by the Architectural Review Board on January 16, 1985. At their meeting on March 12-15, 1985, the Coastal Commission approved this project with the condition that - 2 - four parking spaces be provided through the purchase of four monthly City parking permits for use at the public parking lot to the rear of the site. The applicant's original proposal was to increase their 49 seat restaurant to 155 seats with an on-site general spirits license. At the October 6, 1986 Planning Commission Meeting the applicants withdrew this application and indicated that they would reapply for an 85 seat restaurant as currently proposed. Over the past several months, the city and the Coastal Commission have received several complaints regarding the Wave Restaurant's operation. These complaints have focused on the restaurant' 5 installation of seating in excess of 49 seats without proper permits, and automobiles being left in the valet parking drop-off area for extended periods of time. The following outline provides a chronology of inspections and actions which have been made by the Planning Division concerning complaints regarding violation of the seating in the restaurant. April 8, 1986: April 25, 1986: April 28, 1986: May 6, 1986: May 11, 1986: May 14, 1986: June 6, 1986: June 18, 1986: June 20, 1986: June 24, 1986: Inspection; over 60 seats provided in dining area. Inspection; dining area; President. over 60 seats provided in meeting with Michael Condon, Notification letter to Mr. Condon regarding seating violations and requirement for bicycle racks per conditions of approval. Meeting with restaurant attorney and Mr. Condon at restaurant. Mr. Condon agrees to having 43 seats in main dining area and 6 seats in bar area (plus 2 employee seats) and no seating on back patio area. Inspection; over 60 seats in main dining area plus tables and chairs in bar area. Second violation letter sent to Mr. Condon regarding seating violations. Inspection; complied with 49 seat capacity. Inspection; over 60 seats in main dining area, 13 seats on patio. Third violation letter sent to Mr. Condon regarding seating violations. Inspection; over 60 seats in main dining area, tables and chairs on back patio, over 6 chairs in bar area. - 3 - July 1, 1986: Applicant files Development Review and Conditional Use Permit to expand seating to 155 seats. PROPOSED INCREASE IN SEATING As proposed, the existing restaurant of 49 seats would be increased to 85 seats. The majority of the additional seating will be located in the covered patio areas where there is currently no seating. Both the Building Department and Fire Department have indicated that if restaurant seating is expanded into the large patio area facing Main Street an exterior door for use by the public will have to be provided in this area. As proposed, the proj ect will require a parking variance to permit 7 required parking spaces for the 36 additional seats to be located in a private parking lot located 150' to the north of the site. This parking lot would be serviced through a valet parking system and a total of 24 parking spaces would be provided wi th eight tandem spaces. Al though this lot does not provide required parking for any businesses on Main Street, other businesses, as evidenced from letters received (Exhibit D), and the Wave Restaurant currently use the lot. Therefore, it is possible that current users would be displaced if the Wave Restaurant were granted a parking variance to lease this parking for the additional seating. Under the city's on-street Valet Parking Program, businesses which are permitted on-street valet parking zones are required to lease private off-street parking spaces for the valet attendants to use. The Wave Restaurant currently complies with this requirement by leasing and utilizing parking at the same lot which they propose to lease for their proposed additional seating. Therefore it would appear that by increasing the seating capacity and utilizing this lot to satisfy the parking requirement, the Wave Restaurant would be displacing its own customers who currently use this lot. Additionally, there are no guarantees that the applicants will be able to lease this parking lot for the life of the project. In approving a Conditional Use Permit for a restaurant over 50 seats on Main Street, the Planning Commission must make the findings that the use is compatible with existing and potential uses in the area and traffic or parking congestion will not result. Planning staff feels that the approval of any additional restaurant seats at this location could result in increased traffic and parking congestion by virtue of the limited amount of available parking in the area. As outlined in the October 7th Planning Commission staff report, the City I S Parking and Traffic Engineer has indicated that the restaurant's existing on-street valet parking zone at Main Street and Ashland Avenue currently operates at capacity during peak times and any increase in seating would likely create serious congestion problems at this location. - 4 - As proposed, the increase in seating at this restaurant will result in an increase in patronage and intensity of use, thereby making the restaurant less of a neighborhood serving establishment and more regional serving in character. Under Section 91l9B. 4. d this restaurant is located in Block 4 which extends from Ashland Avenue to Hill Street. Currently there are a total of six restaurants in this block. Although the Wave Restaurant was "grandfathered in" with 49 seats because a restaurant had previously been at this location, Planning staff maintains that any seating expansion should not be permitted in that the use of the restaurant will be intensified and there are already more than two restaurants in this block. SURROUNDING ALCOHOL OUTLETS AND POPULATION STATISTICS within a 500' radius of the site there are four restaurants with on-sale beer and wine licenses, three restaurants with on-sale general spirits licenses, one business with an off-sale beer and wine license and one business with an off-sale general license. There are also four on-sale general spirits licenses for public premises (Attachment E). In that the Wave Restaurant is currently operating with a general spirits license, approval of this project would not result in a new alcohol outlet but would resul t in an increase in the number of customers who could be served alcohol in the area. Based on the 1980 census there is a residential population of 1,294 people within a 500 foot radius of the project. The Alcohol Beverage Control guidelines state than an overconcentration of alcohol outlets may occur if the area has more than one establishment with an on-sale license for each 800 residents. In that this restaurant currently is operating with an alcohol license and this area already has an overconcentration of alcohol outlets based upon the ABC I s guidelines, Planning staff does not feel that it would be appropriate or good planning practice to permit this restaurant to expand its seating and thus expand its alcohol service in the area. CONCLUSION The proposed increase in seating at the Wave Restaurant would resul t in increased traffic congestion and a greater parking demand which Planning staff does not believe can adequately be accommodated in the area. Planning staff also maintains that the Wave Restaurant was originally approved for 49 seats in that a restaurant had previously been located at this site and should not be permitted to expand its number of seats in that there already are more than two restaurants in this block and any seating increase will result in its use being intensified. RECOMMENDATION Planning staff respectfully recommends that DR 347a and CUP 431a be denied with the following findings for denial. - 5 - DEVELOPMENT REVIEW FINDINGS FOR DENIAL l. The development is inconsistent with the findings and pur- pose of Ordinance 1321 as set forth below. 2. The existing and/or proposed rights-of-way and facilities for both pedestrian and automobile traffic will not be adequate to accommodate the anticipated results of the proposed development including off-street parking facili- ties and access thereto in that parking for the additional seating cannot be accommodated on-site and therefore a parking variance will be required and an increase in con- gestion at the on-street valet parking zone would result. 3. The proposed development is inconsistent with the General Plan of the City of Santa Monica and the Zoning Ordinance in that the project does not conform to the appropriate CM2 standards contained in the Zoning Ordinance in that a parking variance will be required. Additionally, the Main street Ordinance encourages neighborhood oriented uses, limits the number of restaurants per block and requires a Conditional Use Permit to limit the number of restaurants over 50 seats. CONDITIONAL USE PERMIT FINDINGS FOR DENIAL FOR INCREASE IN SEATING 1. The proposed use and location are not in accordance with good zoning practice, in the public interest and not necessary in that the proposal includes a 36 seat increase in restaurant seating without the provision of on-site parking to accommodate this increase. 2. The proposed use is not compatible with existing and po- tential uses within the general area, traffic or parking congestion will result, the public health, safety and general wel fare are not protected and harm to adj acent properties could result in that there are already more than two restaurants in this block and the increase in seating would contribute to the existing parking problems in the area. ALCOHOL OUTLET FINDINGS FOR DENIAL 1. The proposed use and location are not in accordance with good zoning practice, in the public interest, or necessary in that the increase number of seats will result in in- creased alcohol service within an area already adequately serviced by alcohol outlets. 2. The proposed use is not compatible with existing and po- tential uses within the general area; traffic or parking congestion will result; the public health, safety, and general wel fare not are protected; and harm to adj acent properties will result based on the analysis and other findings contained in this report. - 6 - 3. The welfare of neighborhood residents may be adversely affected based on the analysis and other findings con- tained in this report. Prepared by: Karen Rosenberg, Associate Planner c. Municipal Code and General Plan Conformance Attachment to the Application for Administra- tive Approval of Amendment to DR 093. Amended Conditions of Approval for Administra- tive Approval to DR 093. Letters from Nature's Own, st. Matthew's Thrift Shop, Mudra, B-1 Gallery. Alcohol Outlets Attachments: A. B. D. E. KR:ca DR347a 11/03/86 - 7 - ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE category Municipal Code proposed Use CM2: Permts Rest- aurants Over 50 Seats With Conditional Use Permit parking No Parking Required For Existing' 49 Seats 36 Ad- ditional Seats @ 1:5 - 7 Parking Spaces Required. Land Use Element Same as Municipal Code Same as Municipal Code - 8 - Project 155 Seat Rest- aurant with Alcohol Service None Provided On-Site, Requires Parking Variance CITY PLANNING DIVISION community and Economic Development Department MEMORANDUM DATE: October 6, 1986 TO: The Honorable Planning Commission FROM: R. Ann siracusa, Director of Planning SUBJECT: DR 347, CUP 431, To Permit the Expansion of an Existing Restaurant to Over 50 Seats with a General Spirits License. Address: Applicant: 2820 Main street Wave Restaurant SITE LOCATION AND DESCRIPTION The subject property is a 5,700 sq.ft. parcel located at the northwest corner of Main Street and Ashland Avenue having a frontage of 75 feet. Surrounding uses consist of retail and office uses (CM2) to the north, retail and office uses (CM2) to the south, retail and office uses (CM2) to the east and public parking (R4A) to the west. Zoning District: Land Use District: CM2 Commercial Corridor Parcel Area: 75' X 76' PROPOSED PROJECT The applicant is proposing to expand The Wave Restaurant on Main street, currently with 49 seats, to a 155 seat restaurant with an on-sale general spirits license. Forty of the proposed additional seats will be located in the outdoor area in front of the building. Food and alcohol will be provided throughout the restaurant. Proposed hours of operation are 11:30 a.m. to 1:00 a.m. The restaurant currently has an on-sale general spirits license. Under Ordinance 1321 (CCS) Development Review is required in that the restaurant is over 50 seats. Additionally, under Ordinance 1319 (CCS) a Conditional Use Permit is required in that the number of restaurant seats is being expanded by more than 25%. A Conditional Use Permit is also required per section 9l19B4d of the Santa Monica Municipal Code, in that the restaurant is proposed to have over 50 seats. - 1 - MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project is inconsistent with the Municipal Code and General Plan in that a parking variance will be required to permit the required parking for the additional seats to be located at a lot 150' north of the site with eight spaces in tandem and operated through a valet system (Attachment A). CEQA STATUS The project is categorically exempt from the provls10ns of CEQA, City of Santa Monica Guidelines for Implementation (Class 1 (21) ) . FEES The proj ect is exempt program contained in Element. from the Housing and Parks Hi tigation the adopted Land Use and Circulation ANALYSIS Background and Prior Actions On August 16, 1982 the Planning commission approved DR 093 for the remodel of the existing structures at this location for use as a restaurant with an existing I iquor license, a bakery and flower mart. The Planning Commission also approved ZA 4567-Y to allow the remodeling to occur without the provision of parking. The property had been a bar and restaurant for many years with no parking other than undesignated parking in front of the site for approximately four cars. This open area, previously used informally for parking was designed in the approved project as a landscaped public park area. On November 27, 1984 Planning staff approved an amendment to DR 093 for the retention of the original footprint of the project, and rehabilitation of the existing structures with the exception of the building at the northeast corner of the site which was proposed for demolition and reconstruction in order to make it part of the larger building cluster (Attachment B). As part of the Administrative Approval the conditions of approval were amended on February 19, 1985 (Attachment C). Staff found that a Condi tional Use Parmi t was not required for this proj ect under ordinance 1319 (CCS) since an alcohol license was previously approved for the proj ect and the Alcoholic Beverage Control. Records substantiated that a liquor license remained active at this site since DR 093 was originally approved except for a brief lapse when the property was sold in August 1984. In administratively approving the amendment to DR 093, restaurant seating was limited to 49 seats, not including fixed seating in the public park area per the approved plans, valet parking was required to be provided during restaurant hours, bicycle racks were required and hours of operation were limited to a closing hour of midnight Monday-Thursday and one a.m. Friday-Saturday. - 2 - The bar was limited to a closing hour of midnight or whenever food service ceases, whichever occurs first. The project subsequently received approval by the Architectural Review Board on January 16, 1985. At their meeting on March 12-15, 1985, the Coastal commission approved this project with the condition that four parking spaces be provided through the purchase of four monthly City parking permits for use at the public parking lot to the rear of the site. According to the City's Parking and Traffic Engineer, the applicant has never purchased the 4 monthly city parking permits and therefore is in violation of the Coastal Permit. Proposed Increase in Seating As proposed, the existing restaurant of 49 seats would be increased to 155 seats. This represents more than a 200% increase in seating. Forty of the seats are proposed to be located in front of the building within the area of the project which was originally approved as a public park area. Planning staff feels that the original intent of this public park area should be preserved and therefore does not support the proposal to permit outdoor restaurant seating within or adjacent to this area. As proposed, the project will require a parking variance to permit 21 required parking spaces for the 106 additional seats to be located in a private parking lot located ISO' to the north of the site. This parking lot would be serviced through a valet parking system and a total of 24 parking spaces would be provided wi th eight tandem spaces. Al though this lot does not provide required parking for any businesses on Main street, other businesses including the Wave Restaurant use the lot. Therefore, Planning staff believes that current users would be displaced if the Wave Restaurant were granted a variance and took over a lease for the entire site. Under the City's on-street Valet Parking Program, businesses which are permitted on-street valet parking zones are required to lease private off-street parking spaces. The Wave Restaurant currently complies with this requirement by leasing and utilizing parking at the same lot which they propose to lease for their proposed additional seating. Therefore, it would appear that by increasing their seating and utilizing the parking lot to satisfy the parking requirement, the Wave Restaurant would be displacing its own customers who currently use this lot. Furthermore, in approving a Conditional Use Permit for a restaurant over 50 seats on Main street, the Planning commission must make the findings that the use is compatible with existing and potential uses in the area and traffic or parking congestion will not result. Planning staff feels that the approval of additional restaurant seats at this location could result in increased traffic and parking congestion by virtue of the limted amount of available parking in the area. Additionally, as proposed, there are no guarantees that the lease of the parking lot will run with the life of the project. According to the city's Parking and Traffic Engineer, the restaurant's existing on-street valet parking zone at Main Street - 3 - and Ashland Avenue currently operates at capacity during peak times and any increase in seating would likely create serious congestion problems at this location. As proposed, the increase in seating at this restaurant will result in an increase in patronage and intensity of use thereby making the restaurant more of a regional serving establishment rather than neighborhood serving. Under section 9ll9B4. d this restaurant is located in Block 4 which extends from Ashland Avenue to Hill street. Currently there are a total of six restaurants in this block. Al though the Wave Restaurant was "grandfathered in" because a restaurant had previously been at this location, Planning staff feels that any expansion in seating should not be permitted in that there already are more than two restaurants in this block. Surrounding Alcohol Outlets and population Statistics Within a 500' radius of the site there are four restaurants with on-sale beer and wine licenses, three restaurants with on-sale general spirits licenses, one business with an off-sale beer and wine license and one business with an off-sale general license. There are also four on-sale general spirits licenses for public premises (Attachment D). In that the Wave Restaurant is currently operating with a general spirits license, approval of this project would not result in a new alcohol outlet but would resul t in an increase in the number of customers who could be served alcohol in the area. Based on the 1980 census there is a residential population of 1, 294 people wi thin a 500 foot radius of the proj ect. The Alcohol Beverage Control guidelines state than an overconcentration of alcohol outlets may occur if the area has more than one establishment with an on-sale license for each 800 residents. In that this restaurant currently is operating with an alcohol license and this area already has an overconcentration of alcohol outlets based upon the ABC's guidelines, Planning staff does not feel that it would be appropriate or good planning practice to permit this restaurant to expand its seating and thus expand its alcohol service in the area. Over the past several months, the City and the Coastal Commission have received several complaints regarding the Wave Restaurant's operation. These complaints have focused on the restaurant's installation of seating in excess of 49 seats without proper permits, and automobiles being left in the valet parking drop-off area for extended periods of time. Conclusion The proposed increase in seating at the Wave Restaurant would result in an increased parking demand which Planning staff feels cannot be adequately accommodated in the area without causing the displacement of other businesses from the parking lot that Wave would use if granted a parking variance. Additionally, Planning staff feels that the proposed outdoor dining area in front of the - 4 - restaurant infringes upon the public park area in front of the restaurant which was part of the previously approved project. RECOMMENDATION planning staff respectfully recommends that DR 347, CUP 431 be denied with the following findings for denial. DEVELOPMENT REVIEW FINDINGS FOR DENIAL I. The development is inconsistent with the findings and pur- pose of Ordinance 1321 as set forth below. 2. The existing and/or proposed rights-of-way and facilities for both pedestrian and automobile traffic will not be adequate to accommodate the anticipated results of the proposed development including off-street parking facili- ties and access thereto in that parking for the additional seating cannot be accommodated on-si te and therefore a parking variance will be required and an increase in con- gestion at the on-street valet parking zone would result. 3. The proposed development is inconsistent with the General Plan of the City of Santa Monica and the Zoning Ordinance in that the proj ect does not conform to the appropriate CM2 standards contained in the Zoning Ordinance in that a parking variance will be required. Additionally, the Main Street Ordinance encourages neighborhood oriented uses, limits the number of restaurants per block and requires a Conditional Use Permit to limit the number of restaurants over 50 seats. CONDITIONAL USE PERMIT FINDINGS FOR DENIAL FOR INCREASE IN SEATING 1. The proposed use and location are not in accordance with good zoning practice, in the public interest and not necessary in that the proposal represents over a 200% in- crease in restaurant seating without the provision of on- site parking to accommodate this increase and includes an outdoor dining area which will infringe upon the area in front of the building designed for use by the public as a public park area. 2. The proposed use is not compatible with existing and po- tential uses within the general area, traffic or parking congestion will result, the public health, safety and general welfare are not protected and harm to adj acent properties could result in that there are already more than two restaurants in this block and the increase in seating would contribute to the existing parking problems in the area. - 5 - , ALCOHOL OUTLET FINDINGS FOR DENIAL 1. The proposed use and location are not in accordance with good zoning practice, in the public interest, or necessary in that the increase number of seats will result in in- creased alcohol service wthin an area already adequately serviced by alcohol outlets. 2. The proposed use is not compatible with existing and potential uses within the general area; traffic or parking congestion will result: the pUblic health, safety, and general welfare not are protected: and harm to adjacent properties will result based on the analysis and other findings contained in this report. 3. The welfare of neighborhood residents may be affected based on the analysis and other contained in this report. adversely findings Prepared by: Karen Rosenberg, Associate Planner KR: nh DR347 09/30/86 - 6 - . ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE category Proposed Use Parking Municipal Code CM2: Permits Restaurants Over 50 Seats With Conditional Use Permit No Parking Required For Existing 49 Seats 106 Additional Seats @ 1:5= 21 Parking Spaces Required Land Use Element Same as Municipal Code Same as Municipal Code - 7 - Project 155 Seat Restaurant with Alcohol Service None Provided On-site Requires Parking variance