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SR-12-B (17) ...... .. /jti Z --co t '--~~" ,- (lc;' '~ ' I( ;, U' -,_ ~.'. ~ ---r '"' ... ! - I ,-'- Jv"''''-~ cjED:PJS:RM:ca Councl1 Mtg: May 28, 1985 Santa Monlca, Californla I~-:B MAY 2 8 ,ns TO: Mayor and Clty Counel1 FROM: Clty Staff SUBJECT: Appeal of Plannlng Commlssion Denial of DR 294 and Z.A. 4840-U, 316 P1CO Boulevard (C4 and R3 Dlstricts), for 24-hour Fast Food Restaurant. AppllcantjAppellant: Sotlrlos Alevlzos for Tom's #5 Restaurant. Introductlon ThlS lS an appeal from Plannlng CommlSSlon denlal on Aprl1 15, 1985, of a Development ReVlew Permit and Use Permlt for a 24-hour fast food restaurant at 316 P1CO Boulevard. The appeal lS by Mr. Sotlrlos AlevlZOs for Tom's #5 Restaurant. Background The proposal represents a change of use from a laundromat to a 24-hour fast food restaurant In a 1,100 sq. ft. lease space In a 4,600 sq. ft. one-story commerclal bUlldlng. The restaurant would front on P1CO Boulevard, wlth parking along the slde and to the rear in a parking lot WhlCh extends into an R3 Dlstrlct and abuts an eXlstlng apartment bUlldlng. A detalled proJect descrlptlon lS provlded In the attached Aprll 15, 1985, Plannlng Commlssion staff report (see Attachment A). Issues ra.lsed and dlscussed at the Plannlng Commlsslon' s publlC hearlng lncluded eXlstlng nUlsance problems on the subJect slte; securlty and publlC safety concerns, partlcularly the pdrtlally hldden rear portlon of the parklng lot; sanltary concerns relatlng to the trash dumpster locatlon adJacent to a resldentlal use; the number of nearby 24-hour uses; the proxlmi ty of Santa - 1 - /.2 -B HAY 281m Mon~ca H~gh School, the C~v~c Auditor~um and the beach; trafflc and circulatlon, especlally the impacts on Thlrd Street; the use of the park~ng lot by other nearby buslnesses on property owned by the same landowner; and the adequacy of the buffer between the site and adJo~nlng res~dences. The P1ann~ng COffiA~SS10n the~r unan~mous den~al stated numerous f~nd~ngs on Apr~l 15, 1985, and as a baS1S for adopted formal wrltten f~ndlngs on May 13, 1985 (see Attachment B). The appl~cant f~led a t~mely appeal on Apr~l 3D, 1985 (see Attachment C) . Financial Impact The recommendatlons presented ~n th~s report do not have a budget/financ~al ~mpact. Alternatlves The Clty Counc~l may aff1rm the determinatlon of the Plann~ng Commlsslon, reverse the determlnatlon and approve the appllcatlon subJect to any approprlate condltlonS and wlth flnd~ngs requlred by Ordlnance 1321 and Sectlon 9146 (SMMC), or remand the matter back to the Commisslon Wl th speclflc gUldance as to how to the Comm1ssion should proceed. Recommendation It ~s respectfully recommended that the Clty Councll: 1. Conduct a pub11C hearlng on the appeal affordlng the appellant and any other lnterested members of the public an opportunlty to be heard; and 2. Deny the appeal and afflrm the declslon of the Plannlng - 2 - CommlsSl0n to deny DR 294 and ZA 4840-U for a 24-hour fast food restaurant, adoptlng the CommlsSlon's May 13, 1985, flndlngs as ltS own. prepared by: Paul J, Sllvern, Dlrector of Plannlng, Rlchard Ml11s, Asslstant Planner Plannlng and Zonlng D1V1S1on Communlty and EconomlC Development Department Attachments: A. Aprll 15, 1985, Staff Report B. May 15, 1985, Plannlng Commlsslon Denlal Flndlngs C. Aprll 30, 1985, Letter of Appeal cc16 - 3 - e e pqlAatMftt-J r k-. PLAJ~NING AND ZONING DIVISION Community and Economlc Development Department M E M 0 RAN DUM DATE: April 1$, 1985 TO: The Honorable P1annlng Commission FROM: Paul J. Sllvern, Dlrector of Planning SUBJECT: DR 294, Z.A. 4840-U, 316 Pica Boulevard, C4 and R3, Fast Food Restaurant, Tom's #5 Restaurant. Summary: ThlS is an app11catlon for a development reVlew permlt and a use permlt to allow a change of use from a laundromat to a fast food restaurant. Appl1catlon is by Sot1rios Alevizos for Tom's #5 Restaurant. Staff recommendation is for approval with cond1tions. ~~-h~tl~ Condi t1ons: The 16,200 sq. ft. 51 te contains a 4,600 sq. ft. one-story multL-tenant commercial bULld1ng and a 20 space parklng lot shared by build1ng tenants. The subject lease area occuples approxlmately 1,100 sq. ft. of P1CO Boulevard frontage space. The storefront, WhlCh is currently boarded up, was last used as a retall laundromat. A vacant 900 sq. ft. lease space and an eX1stlng automotive repair bUSlness occupy the remalnder of "the bUlldlng. A Use Permit (Z.A. l63-U.P.) was approved 1n 1972 to allow the rear of the bUlldlng and the ffialn portion of the park.1.ng area to extend into the R3 Distrlct at the rear of the slte. The parking lot has one-way clrculatlon, w1th lngress from P1CO Boulevard and egress onto Third Street. It 1S in very poor con- dition, wlth large areas of buckled pavement, potholes up to six feet in diameter wlth standing water in them, no 1andscap1.ng or screenlng, and only a Wlre fence adjacent to the apartment build- ing to the south of the lot. Prior to submi~tal of this appllcation, the applicant in1.tiated various exterlor and ~nter1.or remodellng work without obta~nlng necessary C1. ty permits. Stop work orders were issued by the BUJ.lding Department and rema~n in effect pendJ.ng action on this appllcation and the follow-up ArchJ.tectural Review Board and Coastal Commission appl1catlons. Abutting the slte on the east lS an ARCa AM/PM Mini-Mart gas sta- tion. To the west,' ln one-story bUJ.ldings, are retail businesses including a bicycle shop and liquor store, and a small furniture refinishing business. A two-story multl-fami1y residential buildlng abuts the s1.te's parking lot on the south. - 1 - e e Proposed ProJ~S:.!:.: Proposed 1S a 36-seat, fast-food restaurant, to be operated as Torn's #5 Restaurant. Eight parking spaces in the ad]oinlng parking lot would be reserved for the exclUSlve use of the restaurant. Proposed hours of operation would be from 10:00 A.M. to 2:00 A.M. seven days a week. No llquor license 1S currently belng requested. Torn's #5 was previously located in Santa Mon1ca at the corner of Ocean Avenue and Plea Boulevard untll the restaurant moved to Venice 1n 1981. Municipal Code and General Plan Requlrements: Fast food res- taurants are permltted ln the C4 Dlstrict with approval of a use permlt. Land Use Element POllCY 1.2.4 lists fast food res- taurants as one of a number of speclfic uses WhlCh may requlre controls over their number, locat1on, or operation to I1mit ad- verse lffipacts on surroundlng nelghborhoods. Accord1ngly, Or- dinance 1321 (CCS) reqUlres approval of a development reVlew per- mit for any change of use to a fast food bUslness. The proposed restaurant requires a minlffium of one parking space for every flve seats. Slnce 36 seats are requested, eight park- lng spaces are required. (In practice, then, the restaurant could have up to 40 seats.) As a change of use withln an existlng buildlng, there are no 1S- sues relatlng to height, bulk, floor area ratlo, or bUllding sltlng. CEQA Status: Categorlcally Exempt. Class 1, Santa Monlca GUlde- llnes for-Implementatlon. Analysls: A parking plan showlng 20 parklng spaces for the site has been reviewed and approved by the Parking and Trafflc En- gineer. Of these, eight are ava11able for restaurant use, the remalnder being required spaces for the rest of ~he bUllding. As noted above, the present condl tion of the parking lot is such that the lot must be complet_ely resurfaced, strlped, landscaped and screened before the it could funct10nally provlde requlred parking for the proposed use. Det_alled condi t10ns of approval address this concern. In 1972, as a condition of approval of Z.A. 163-U.P., the parking lot was required to be "paved, marked, bumpered and walled" in accordance wlth then applicable sections of ~he Zonlng Ordinance. A five to SLX foot high SOlld masonry wall adJacent to the neigh- boring resldent1al lot was requlred, but never installed. The current lack of repair of the parking lot also confllcts with the intent of the 1972 cond1tions of approval. To ensure protectlon of the public interest and nelghbor~ng properties, therefore, it is recommended that no bUSlness l~cense for the proposed res- taurant use (a more intense use than the prevlous laundromat use) be issued until the parking lot renovatlon and requlred buffer wall are completed. - 2 - e e As addi tlonal protectlon for the nelghborlng residentlal bUlld- ing, condltlons are attached relatlng to restaurant hours of operation and general conduct of buslness. Determlnatlon: It is respectfully recommended that DR 294 and Z.A. 4840-U be approved based on the following flndings and sub- Ject to the following conditlons. DeveloP1!'~1!f:_g~'\I'-!.~w1<'!.!!gin9~. 1. The development is consistent with the flndlngs and pur- pose of Ordlnance 1321 as set forth below. 2. The physical locat1on and placement of proposed structures on the site are compatlble with and relate harmoniously to surrounding sites and nelghborhoods 1n that_ the bU1lding currently eX1sts, lS one-story in he1ght and lS cons1stent in scale and sitlng with other commercial development along the commercial portions of P1CO Boulevard. 3. The existing and/or proposed rights-of-way and faCllitles for both pedestrlan and automob1le traffic w1ll be ade- quate to accommodate the antlcipated results of the pro- posed development lncludlng off-street parklng facilitles and access thereto 1n that_ the parking lot lS in place, the Park1ng and Traffic Englneer has approved a parking plan that wlll provide an adequate number of park1ng spaces to meet Mun1cipal Code requirements for the pro- posed use, and condl t:ions of approval ensure that the parklng lot will be refurbished to provlde the requlred on-s1te parklng. 4. The eXlsting and/or proposed publlC and/or private health and safety facil1ties (includlng, but not limited to, sanitation, sewers, storm drains, flre protection dev~ces, protecti ve serV1ces, and publlC utlll tles) will be ade- quate to accommodate the anticlpated results of the pro- posed development. 5. The proposed development, as condl tloned, is conSlstent. with the General Plan of the City of Santa Monica and the Zon1ng Ordinance in that the proJect w1ll conform to the height, bulk, use and urban deslgn pOll.CleS for the P1CO Boulevard Commerc1al Corridor as specified 1n the Land Use Element of the General Plan and conform to the appropriate C4 D1str1ct standards contained 1n the Zoning Ordlnance. ~~~_~e~ml~_~~~~~~gS. 6. The proposed use and location are in accordance with good Zon1ng practice, in the public lnterest and necessary that substantial justice be done in that the building currently eX1sts, is one-story l.n height and is cons1stent in scale and siting with other commercial development along the commercial portions of P1CO Boulevard. - 3 - e e 7. The proposed use 1S compatlble with existlng and potential uses wi thln the general area, trafflc or park1ng conges- tion will not result, the publlc health, safety and general welfare are protected and no harm to adJacent propertles will result in that compliance with previously approved Use Permlt Z.A. 163-U.P. is requ1red prlor to the open1ng of the proposed restaurant, the Parking and Traf- fic Engineer has approved a parking plan that will provide an adequate number of parklng spaces to meet Municipal Code requirements for the proposed use, condltions of ap- proval ensure that the parking lot will be refurb1shed to provide the requl.red on-s1. te parking, hours of operation wl1l be llmi ted and a masonry buffer wall wl.ll be con- structed to protect resldents of t~he adjacent multi-unit residential bUl1ding from late night disturbances due to noise and l1.ghts, and no liquor will be served by the restaurant. Condltl.ons: 1. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subJect to reVlew and ap- proval by the Archl.tectural Review Board. 2. Prlor to the Buildlng Department's fl.nal sign-off for 1n- ter10r remodeling for the proposed restaurant, all ex- terior remodell.ng, paintlng and signage completed without proper C1ty permI. ts shall be removed w1.thin 30 days of th1S actlon unless revlewed and approved by the Architec- tural Revlew Board or modlfied to conform with a Board approved plan. 3. The parklng lot shall be strlped, screened and landscaped In conformance wlth Sec. 9l27.J.l and Sec. 9129.F.7 (SMMC). Flnal parklng lot layout and speciflcations shall be subject to the reV1.ew and approval of the Parking and Traffic Englneer. 4. Prlor to lssuance of a business l1.cense for the proposed use: a) The property owner shall comply w1th all conditions of Z.A. 163-U.P., speclfically relatlng to parklng lot and buffer wall requirements, b) The Arch1.tectural Review Board shall review and approve a final parkl.ng lot refurbishment, landscaping and screening plan, c) In accordance with Sec. 9127.1 (SMMC) and per Z.A. 163- U. P., a 5 to 6 foot solid masonry wall shall be pro- vided along the southerly property line which abuts the adjoining residential property, and d) Such improvements shall be substantially completed and receive final Building Department l.nspection approval. - 4 - e e 5. All inoperative veh~cles shall be removed from the parking lot prior to final BU1lding Department inspect10n approval for parking lot improvements. The park~ng area shall be maintained for use as employee and customer park1ng only and shall not be used for purposes of automoblle repalr or finlsh1ng work or for the long-term (over one week) storage of veh1cles. 6. The appl1cant shall comply wlth all legal requirements regardlng provisions for the d1sabled, includlng those set forth in the Callfornia Adminlstrative Code, Title 24, Part 2. The handicapped park~ng space shall be relocated adjacent to the restaurant portlon of the buildlng, unless the Parking and Traffic Englneer spec1fically determ~nes that it is not possible to do so. 7. Elght on-S1 te parking spaces shall be designated for the excluslve use of the restaurant. 8. Based on the submltted application, the restaurant re- qUlres elght parking spaces, which l~mits the restaurant to no more than 40 seats. The Dlrector of Plann1ng may approve an lncrease in the number of seats up to 50 if the Dlrector is able to determ~ne that adequate park~ng 15 available on-slte. In no case shall the number of seats exceed 50 Wl thout pr10r approval per the procedures set forth 1n Ordinance 1321 (CCS) or 1n any subsequent Municipal Code provlsions. 9. No llquor (lnclud1ng beer and wine) shall be served, un- less such 1S approved per the prov1sions of Ordinance 1319 ( CCS ) . 10. Hours of operatlon of the restaurant shall not extend beyond 7:00 A.M. to 10:00 P.M. 11. Mlnor amendments to the plans shall be subject to approval by the D1rector of Planning. A significant change in the approved concept shall be subject to Planning Commission ReVlew. Construct1on shall be 1n substantlal conformance wlth the plans submitt_ed or as mod1fied by the Planning Comrnlss1on, Architectural Review Board or Director of Plann1ng. 12. The r1ghts granted herein shall be effective only when exercised within a per10d of one year from the effective date of approval. Upon the wrltten request of the appll- cant, the Director of Plann1ng may extend this perlod up to an add1tional SlX months. 13. Refuse areas, storage areas and mechanical equ1pment shall be screened in accordance w1th Sec. 9117J.2-4 (SMMC). Re- fuse areas shall be of a size adequate to meet on-site need, and shall contaln no less than two standard trash dumpsters. - 5 - e e 14. No nOlse shall be bUlldlngs. generatl.ng compressors placed adjacent to or other such equlpment nelghboring residential 15. The operation shall at all times be conducted ln a manner not detrl.rnental to surrounding properties or resldents by reason of lights, nOlse, activltles, parklng or other act1.ons. Prepared by: Richard M1Ils, Assistant Planner PS:RM:rm DR294 - 6 - ~.'rr~fC-1..JT IS PLANNING AND ZONING DIVISION COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT M E M 0 RAN DUM DATE: May 13, 1985 TO: Honorable Plannlng Commisslon FROM: Paul J. S11vern, Dlrector of Planning SUBJECT: Denlal Findlngs for DR 294 and ZA 4840-U, Tom 's #:5 Restdurant, 316 Plca Boulevard FINDINGS BELOW APPROVED BY PLANNING COMMISSION ON MAY 13. 1985 Sl1l11l1lary: At lts Aprl1 15, 1985, meeting the Plannlng Cornmlssion voted to deny the above noted appllcatlon and requested that staff return wlth floal language for flndlngs of denial. Commis- Sloners verbally noted speclflc flodings on Aprl1 15. These have been incorporated into the followlng formal findlogs for adoptlon by the COmmlSS10n. The appllcaot, Mr. Sotlrlos Alevizos, submitted a formal appeal to the Commlssion's determinatlOo on Aprl1 30, 1985. ThlS Ltem wlll therefore be heard on appeal by the Clty Council. The date of the appeal hearlng wll1 be made known to the CommlSSlon. Denial Findings: DR 294 and ZA 4840-U, for a change of use from a laundromat to a fast food restaurant, flIed by SotlrlOS Alevizos for Tom's #5 Restaurant, are den1ed based on the following flndlngs: Development ReVlew Flndlngs: 1. The proposed use lS not conslstent wlth Land Use Element policy 1.2.4 ln that it would result 1n a 24-hour and a fast food use that would have an adverse lmpact on the adJacent nelghborhood for the following reasons: a. The subJect slte and parklng lot extend lnto an R3 res1dentlal dlstrlct and to w1thln flve feet of a two- story apartment bUl1d1ng. 24-hour use of the parklng lot would generate light and n01se immedlately adJa- cent to resldentlal units at all hours of the day and nlght. b. Due to the conflguration of the parklng lot and sur- roundlng bUlldlOgS, the rear portlon of the parklng lot 1S hldden from Vlew from Pleo Boulevard thus creatlng a safety and securlty hazard. ThlS portion of the lot, WhlCh abuts a resldentlal property con- ta~n~ng a two-story apartment buildlng, has had - 1 - securl ty problems ln the past and would represent an lncreased safety and securlty risk to the nelghborhood If a 24-hour fast food business operated on the slte. c. The locatlon of an addltlonal 24-hour fast food use In the nelghborhood would create an over-concentration of such uses and lncrease adverse impacts such as llghts, nOlse and the llkelihood of crlme on the surrounding nelghborhood. 24 hour and/or fast food uses currently exist lmmediately adJacent to the slte at Fourth Street and P1CO Boulevard (Ar>-l/PM Minl Mart), and at Ocean Avenue and P1CO Boulevard (Burger Plus) and Lln- coin and Pleo Boulevards (Topp's). In addltion, a late nlght llquor store (C1V1C Liquor) is located in a commercial bUlldlng adJolnlng the subject slte. d. The Sl te 1S one block from Santa Monlca Hlgh School, directly across the street from the Santa Monlca Civic Aud1torium, and four blocks from the beach, all of WhlCh would serve to lDcrease the number of persons who would be attracted to the proposed use and lnten- slfy the adverse lmpacts on the adJacent neighborhood. e. The on-site trash dumpsters are located adJacent to the resldentlal bUllding to the south. Food wastes from a restaurant would create an odor and pest prob- lem and potentially attract transients looking for food to the area. 2. The eXlstlng rlghts-of-way and faclllties for both pedestrlan and automob1le traffic, lnclud1ng off-street parking facllltles and access thereto, are not adequate to accommodate the anticlpated results of the proposed use ln that: a. The parking lot is ln very poor condition, wlth large areas of buckled pavement, potholes up to SlX feet ln dlameter with occasslonal standlng water, no landscap- ing or screenlng and only a wire fence adJacent to the apartment bUlld1ng to the south of the lot. b. The proposed restaurant requlres elght parking spaces. The remalnder of the bUlldlng on the sUbJect slte re- qUlres 12 addi tlonal spaces, maklng all 20 of the Sl te IS 20 parklng spaces requlred spaces. However, contrary to the lnformatlon supplled by the appllcant on his appllcat1on, the slte's park1ng lot is shared by bUSlnesses on other than the sUbJ ect site. AdJa- cent bUSlnesses on an adJoining cornmerclal property owned by the same owner as the subJect Sl te use the subJect site I s parklng lot, resultlng In a parklng shortage and requ1ring approval of a parklng varlance before any lncrease In use lntensity on the sUbJect slte could be approved. No parklng varlance appllca- tlon was flIed in regard to thlS appl~catlon. - 2 - ThlS flndlng lS based on the followlng: Bicyclevl11e owner Roger P1ker and manager John Euw1ng stated that B1cyclev111e used s~x of the 20 spaces in the subject Sl te I slot. C1 V1C Liquor has a storefront Slgn di- recting customers to park In the rear, on the subject slte's lot. Additlonal testlffiony at the hearlng sub- stantlated thlS use of the lot. c. The use would generate add1 tlonal trafflc on Third Street, a resldentlal street I since the parklng lot c1rculat10n pattern requires all vehlcles to eXlt onto Thlrd Street. d. The northernmost dlagonal parklng space 1S Sl tuated such that a veh1cle must back up over the P1CO Boulevard Sldewalk in order to get out of the parking space and eXl t the lot, thus creatlng a pedestrian hazard. e. The eXlsting parklng lot is not in compliance Wl th condltlons of approval of a prevlous use permlt allow- lUg commerclal use on the subJect slte to extend ~nto the R3 Dlstrlct. In 1972, as a condltlon of approval of Z.A. 163-U.P., the parklng lot was requlred to be "paved, marked, bumpered and walled" 1n accordance w1th then appllcable sectlons of the Zoning Ordlnance. A five to six foot hlgh SOlld masonry wall adJacent to the nelghborlng reSldential lot was required, but never lnstalled. The current lack of repair and lack of proper screenlng of the parking lot conflicts wlth the 1972 condltions of approval. 3. An lncrease in the lntenslty of use and resultlng 1n use of the parklng lot on the subject site would Wl th Land Use Element POI1CY 3.2.3. in that the wire fence does not represent an appropr~ate buffer sltlon to the ad]Olnlng resldentlal use. lncrease confllct eXlstlng or tran- Use Permlt Flndlng: 4. Based on the speclflc lnformation noted In the above f1nd- lngs, the proposed use and locatlon are not 1n accordance Wl th good zonlng practlce, are not in the public lnterest and are not necessary for substantial ]Ustlce to be done. The proposed use 15 not compatlble w1th existlng and poten- t~al uses wlthln the general area, trafflc or parklng con- gestlon may result, the publlC health, safety and general welfare are not adequately protected and harm to adJacent propertles may result. Prepared by: Rlchard Mills, Asslstant Planner ZA4840U - 3 -