SR-400-005-04 (7)
PCD:SF:JT:AS:f:\plan\share\council\strpt\ 2003\Council Report -Private Dining Facility.doc
Council Mtg: December 9, 2003 Santa Monica, California
TO: Mayor and Councilmembers
FROM: City Staff
SUBJECT: Ordinance for Introduction and First Reading to Amend SMMC Sections
9.04.08.28.040 and 9.04.08.28.070 to Authorize the Addition of Private
Dining Facilities to Existing Restaurants on Main Street Under Specific
Circumstances, Pursuant to a Conditional Use Permit. Applicant:
Wolfgang Puck and Bella Lantsman, Chinois on Main.
INTRODUCTION
This report recommends that the City Council introduce for first reading an ordinance to
amend SMMC Sections 9.04.08.28.040 and 9.04.08.28.070 to authorize the addition of
private dining facilities to existing restaurants on Main Street under specific
circumstances, pursuant to a conditional use permit. On October 1, 2003 the Planning
Commission voted 5 to 1 to recommend Council adoption of this zoning ordinance
amendment. The proposed ordinance is contained in Attachment A.
BACKGROUND
The applicant owns a restaurant that is located at 2709 Main Street in the CM (Main
Street Commercial) District. The applicant would like to add a private dining facility so
that the restaurant, Chinois on Main, can accommodate private events and groups
without disrupting the normal operation of the existing restaurant. The proposed private
dining facility will replace two retail/office spaces within an existing commercial building
located on a separately owned adjacent parcel. There will be no physical connection
between the private dining facility and the host restaurant. Without the proposed
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ordinance, the applicant would be unable to provide a private dining facility for its
patrons since there is no room to expand on its present site. Additionally, since the
adjacent property is under separate ownership the proposed private dining facility
cannot be physically connected to the existing restaurant. Further, the number of
restaurants on Main Street is limited on a block by block basis. Since the existing
building cannot be enlarged to accommodate a private dining facility and the buildings
under separate ownership cannot be connected, the proposed private dining facility
would be considered a separate restaurant. The block where this restaurant is located
already has a number of restaurants in excess of those permitted by the Special Project
Design and Development Standards of the CM District. Therefore, the proposed private
dining facility would be considered an additional restaurant and would not be permitted
unless the proposed ordinance is adopted.
ANALYSIS
Proposed Ordinance
The proposed ordinance will add two subsections to SMMC Part 9.04.08.28 of the CM
Main Street Commercial District standards. Section 9.04.08.28.040(q) would be added
to allow existing restaurants to add a private dining facility subject to a Conditional Use
Permit and pursuant to the standards and criteria proposed in Section
9.04.08.28.070(m).
Proposed Section 9.04.08.28.070(m) sets forth that an existing restaurant, including
those that are legal non-conforming due to the number of restaurants already in
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existence on the block, may add a private dining facility either on-site or on an adjacent
parcel. The ordinance establishes criteria for a private dining facility to ensure that the
addition does not intensify the existing restaurant operations. The conditional use
permit and associated conditions of approval would apply to both the private dining
facility and the existing or new restaurant operations. Additionally, the ordinance
clarifies that the issuance of a conditional use permit would not change the legal non-
conforming status of a restaurant on Main Street. Instead, it states that the addition of a
private dining facility is considered a permissible expansion and intensification of the
legal non-conforming use. Staff believes, since the private dining facility would operate
in conjunction with a restaurant, is limited to only three patron groups at any one time,
and is operated by reservation only, that the use would not increase the overall impact
of the restaurant on the surrounding neighborhood. Further, parking for the private
dining facility would be required, consistent with restaurant parking standards.
Planning Commission Action
On October 1, 2003 the Planning Commission reviewed the proposed ordinance
amendment and recommended City Council approval with a vote of 5 to 1. The
Commission recommended that the ordinance apply only to existing restaurants.
Additionally, the Planning Commission reviewed and approved Conditional Use Permit
03CUP-005 and Variance 03VAR-004 with a vote of 6 to 0, subject to approval of the
proposed ordinance. A copy of the staff report is contained in Attachment B. The
approved Conditional Use Permit would allow Chinois on Main located at 2709 Main
Street to replace two retail/office spaces within an adjacent commercial building (2705
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Main Street) with a 48-seat private dining facility with a Type 47 alcohol license. The
proposed private dining facility will be operated in conjunction with Chinois on Main, but
will have no physical connection with the “host” restaurant. The parking variance will
allow the shared use of an existing off-site parking lot at 2525 Main Street to
accommodate the increased number of parking spaces required for the new private
dining facility use.
Conclusion
The proposed ordinance to allow conforming and legally nonconforming restaurants in
the CM (Main Street Commercial) District to expand to provide a private dining facility
subject to a conditional use permit, will allow existing restaurants to provide dining
facilities for private events and groups. Staff does not believe that allowing existing
restaurants, including those that serve alcohol, to provide private dining operations on
the same or adjacent parcel on Main Street will contribute to adverse noise and traffic
impacts on nearby residences. The Conditional Use Permit requirement not only
ensures that the existing restaurant operations are considered in determining the
appropriateness of a private dining facility at any particular location, it also allows
conditions of approval to be imposed on both the existing restaurant and the private
dining facility to minimize adverse noise and traffic impacts on nearby residences.
CEQA STATUS
The proposed ordinance is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation
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Guidelines in that CEQA applies only to projects having the potential to cause a
significant effect on the environment. The ordinance to allow private dining facilities on
Main Street in specific circumstances and pursuant to a Conditional Use Permit, does
not have this potential. Rather, the proposed ordinance will ensure that projects with
private dining facilities are subject to discretionary review and evaluated pursuant to CEQA.
PUBLIC NOTIFICATION
Pursuant to Municipal Code Sections 9.04.20.22.050 (a), notice of the public hearing
was published in the California section of the Los Angeles Times at least ten
consecutive calendar days prior to the hearing. Notice of the hearing was also sent to
all neighborhood organizations, the Planning Commission, City of Los Angeles, and
posted on the City’s Web Site. A copy of the notice is contained in Attachment C.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impact.
RECOMMENDATION
It is recommended that the Council hold a public hearing and introduce the proposed
ordinance for first reading.
Prepared by: Suzanne Frick, Director
Amanda Schachter, Acting Planning Manager
Paul Foley, Senior Planner
Laura Beck, AICP, Associate Planner, City Planning Division
Planning and Community Development Department
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Attachments:
A. Proposed Ordinance
B. Planning Commission Staff Reports, October 1, 2003
C. Public Notice
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ATTACHMENT A
Proposed Ordinance
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f:\plan\share\council\stfrpt\2003\Private Dining Facility.doc
City Council Meeting 12-9-03 Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTIONS 9.04.08.28.040 and 9.04.08.28.070 OF THE SANTA MONICA
MUNICIPAL CODE TO AUTHORIZE THE ADDITION OF PRIVATE DINING
FACILITIES TO EXISTING RESTAURANTS ON MAIN STREET UNDER SPECIFIC
CIRCUMSTANCES, PURSUANT TO A CONDITIONAL USE PERMIT
WHEREAS, restaurants with forty-nine seats or less are permitted uses in the
CM (Main Street Commercial) District and restaurants with fifty seats or more are
conditionally permitted uses in the CM District; and
WHEREAS, the Special Project Design and Development Standards for the CM
District limit the number of restaurants permitted on each block; and
WHEREAS, existing restaurants located on blocks where the number of
restaurants exceeds the maximum permitted are legal non conforming uses; and
WHEREAS, as a result, these restaurants cannot expand or intensify to provide
space to accommodate private groups or parties on-site or on an adjacent parcel
consistent with Section 9.04.18.030(d) and (e); and
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WHEREAS, on March 24, 2003, the applicants, Wolfgang Puck and Bella
Lantsman of Chinois on Main, filed an application for a text amendment which would
allow the Planning Commission, or City Council on appeal, to approve a Conditional
Use Permit to allow the addition of a private dining facility to an existing restaurant on
Main Street; and
WHEREAS, the Planning Commission considered the proposed text amendment
at public hearings conducted on August 6, 2003 and October 1, 2003 and voted to
forward to the City Council a recommendation of approval of this request; and
WHEREAS, the City Council held a public hearing on this proposed Zoning
Ordinance Text Amendments on December 9, 2003; and
WHEREAS, The proposed amendments are consistent in principle with the
goals, objectives, policies, land uses, and programs specified in the adopted General
Plan in that Land Use Policy 1.6.7 indicates Main Street should include "a variety of
uses, including… leisure time opportunities for those living in the surrounding
community and the greater Santa Monica area…" and that such uses include "small
restaurants." The private dining facility will provide additional dining opportunities for
residents and tourists. Private dining facilities must be operated in conjunction with
existing restaurants, which the Zoning Ordinance defines as a pedestrian-oriented use.
Private dining facilities will encourage pedestrian activity on Main Street. Patrons are
likely to walk along Main Street and browse and shop before and after their meals.
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WHEREAS, the text amendment would authorize the Planning Commission to
consider the merits of allowing to allow the addition of private dining facilities to existing
restaurants based on a case by case evaluation of the individual circumstances of the
use, subject to mandatory findings that insure that the modification would not negatively
impact adjacent neighbors or the character of the neighborhood; and
WHEREAS, the expansion of existing restaurants to allow private dining facilities
will encourage the use of existing tenant spaces and/or buildings and serve to maintain
the unique character of Main Street; and
WHEREAS, the City Council finds and declares that the public health, safety and
general welfare require the adoption of the proposed amendments in that the text
amendments are specifically limited to allow private dining facilities only in conjunction
with existing restaurants on Main Street and with specific limitations. This will ensure
private dining facilities will create less impact upon public health and safety than other
allowable uses in the CM district, while still encouraging pedestrian activity. Private
dining facilities will provide an appropriate entertainment opportunity benefiting the
general welfare of residents and visitors that would not be available absent the text
amendment.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Santa Monica Municipal Code Section 9.04.08.28.040 is hereby
amended to read as follows:
Section 9.04.08.28.040 Conditionally permitted uses.
The following uses may permitted in the CM District subject to the approval of a
conditional use permit:
(a) Bars.
(b) Billiard parlors.
(c) Bowling alleys.
(d) Business colleges.
(e) Catering businesses.
(f) Dance studios.
(g) Exercise facilities.
(h) Fast-food and take-out establishments.
(i) Homeless shelters with fifty-five or more beds.
(j) Medical, dental and optometrist facilities at the first floor or in excess of three
thousand square feet.
(k) Meeting rooms for charitable, youth and welfare organizations.
(l) Museums.
(m) Music conservatories and instruction facilities.
(n) Open air farmers markets.
(o) Places of worship.
(p) Restaurants with fifty seats or more.
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(q) Existing restaurants that add a private dining facility pursuant to Section
9.04.08.28.070(m).
(q) (r) Retail stores with thirty percent or less of the total linear shelf display area
devoted to alcoholic beverages.
(r) (s) Sign painting shops.
(s) (t) Theaters having more than seventy-five seats.
(t) (u) Trade schools.
(u) (v) Wine shops devoted exclusively to sales of wine. There shall be no limit on
the total linear shelf display area.
(v) (w) Any otherwise permitted uses in the CM Main Street Commercial District
which occupy more than seven thousand five hundred square feet of floor area.
(w) (x) Any otherwise permitted uses in the CM Main Street Commercial District the
ground floor Main Street frontage of which exceeds seventy-five linear feet.
(x) (y)All uses other than specifically prohibited uses, that are determined by the
Zoning Administrator to be similar and consistent with those uses specifically permitted,
subject to performance standards, or conditionally permitted.
SECTION 2. Santa Monica Municipal Code Section 9.04.08.28.070 is hereby
amended to read as follows:
Section 9.04.08.28.070 Special project design and development standards.
Projects in the CM District shall comply with the following special project design
and development standards:
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(a) First-floor uses must be pedestrian-oriented uses except as provided in Section
9.04.10.02.111.
(b) Restaurants and bars are limited to a total of two establishments per block
unless otherwise specified in this Section. For purposes of this Section, an
establishment may be a restaurant, a restaurant with a bar or a bar. A restaurant with a
bar shall be considered one establishment. A block is defined as both sides of Main
Street and the adjacent sides of adjoining side streets. Portions of Main Street to be
designated "Block" for the purpose of this Section are:
Block 1: South City Limits to Marine Street.
Block 2: Marine Street to Pier Avenue.
Block 3: Pier Avenue to Ashland Avenue.
Block 4: Ashland Avenue to Hill.
Block 5: Hill to Ocean Park Boulevard.
Block 6: Ocean Park Boulevard to Hollister Avenue (total of four restaurants and bars
permitted in this block).
Block 7: Hollister Avenue to Strand.
Block 8: Strand to Pacific.
Block 9: Pacific to Bicknell.
Block 10: Bicknell to Bay.
Block 11: Bay to Pico Boulevard;
(c) North of Ocean Park Boulevard restaurants shall be subject to the following
requirements:
(1) Only one restaurant on the east side of each block shall be permitted,
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(2) No more than two hundred seats per each block shall be permitted, except that
no more than four hundred seats shall be permitted in Block 6;
(d) On-sale alcohol outlets may not exceed twelve in number north of Ocean Park
Boulevard. Of the twelve total on-sale outlets, no more than five shall have on-sale
general licenses;
(e) Bars may not exceed four in number south of Ocean Park Boulevard, nor two in
number north of Ocean Park Boulevard;
(f) Existing uses and existing number of seats shall count toward the total number
of bars and restaurants and seating requirements permitted within the district;
(g) An existing use shall be considered no longer existing if that use is changed to
another type of use or if for a period of six months, such use has not been in regular
operation. Regular operation shall be considered being open for business to the general
public during such use's customary business hours;
(h) In structures housing mixed commercial and residential uses, parking above the
first floor shall be allowed.
(i) Side yard walls up to ten feet in height may be permitted on parcels with
frontage on Second Street and which abut residentially zoned property on at least one
side yard on that portion of the parcel located within seventy-five feet of Second Street,
subject to Zoning Administrator approval.
(j) For all parcels with frontage on Second Street and which abut residentially zoned
property on at least one side yard, pedestrian and vehicular access to all uses located
within seventy-five feet of Second Street shall be from Main Street, except for
residential uses where access may be from Second Street.
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(k) For all parcels with frontage on Second Street, and which abut residentially
zoned property on at least one side yard, on that portion of the parcel located within
seventy-five feet of Second Street, new development shall incorporate the following
design elements:
(1) A landscaped buffer not less than five feet wide shall be provided and
maintained along the entire side yard adjacent to the residentially zoned property.
Landscaping in this area shall include one tree per every five linear feet planted not less
than five feet apart and not less than five feet in height when planted.
(2) Any building courtyards or open public spaces shall incorporate landscaping
and building materials designed to minimize potential noise impacts.
(3) Building materials shall be nonreflective and shall complement materials utilized
in the adjacent residential neighborhood.
(4) Buildings shall be sited to minimize noise impacts in the adjacent residential
neighborhood.
(5) In lieu of the requirements in this subsection (k), the Architectural Review Board
may approve other buffering plans, designs, and building materials that satisfy the intent
of these requirements.
(l) Notwithstanding any other provision of this Chapter, whenever a parcel in the
CM3 Zoning District has street frontage on all four sides including Main Street, the
following provisions shall apply:
(1) The Main Street frontage shall be deemed to be the front yard for purposes of
determining allowable uses and any proposed ground floor residential uses shall be
located at least fifty feet from the Main Street parcel line.
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(2) All street frontage shall be treated as front yards for purposes of determining the
mandatory setback requirements, and accordingly, any project shall be required to
comply with the building volume envelope requirements of Section 9.04.10.02.040 with
respect to all street frontage.
(m) Subject to a Conditional Use Permit, restaurants in existence as of December 9,
2003 may add a private dining facility. A private dining facility is a facility that meets all
of the following criteria: (a) one or more rooms operated in conjunction with a
restaurant on the same or adjacent parcel; (b) meal service is provided at all times the
facility is open; (c) no more than three patron groups occupy the facility at one time; (d)
service is only available by appointment or reservation; (e) alcohol may be served if a
conditional use permit is obtained pursuant to Part 9.04.10.18.
Notwithstanding the granting of a conditional use permit, an existing restaurant
which exceeds the limitations of Section 9.04.08.28.070(b) shall remain a legal non-
conforming use subject to Section 9.04.18.030, except the addition of a private dining
facility shall be considered a permissible expansion and intensification of the restaurant,
notwithstanding Sections 9.04.18.030(d) and (e). As a nonconforming use the
restaurant shall be permitted to continue only so long as the basic operational features
of the use and its impact on the neighborhood are not altered.
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
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SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective thirty days after its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
F:\PLAN\SHARE\COUNCIL\STRPT\2003\PRIVATE DINING FACILITY.DOC
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ATTACHMENT B
Planning Commission Staff Reports, October 1, 2003
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CP:JT:AS:PF:LB:f:\plan\share\pc\strpt\03\ChinoisContinued.doc Santa Monica, California
Planning Commission Mtg: October 1, 2003
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Text Amendment 03TA-005, Conditional Use Permit 03CUP-005 Variance
03VAR-004
Address: 2705 Main Street and 2709 Main Street
Applicant: Wolfgang Puck and Bella Lantsman
Property Owner: Lenore Lambert
INTRODUCTION
Action: Application for Text Amendment 03-005 to modify Zoning Ordinance Sections
9.04.08.28.040 and 9.04.08.28.070 to allow the addition of private dining facilities to
existing restaurants or allow private dining facilities in new restaurants on Main Street in
specific circumstances, pursuant to a conditional use permit; Conditional Use Permit 03-
005 to allow the addition of a private dining facility to the existing restaurant located at
2709 Main Street pursuant to the proposed text amendment and allow a Type 47
alcohol license, and Variance 03-004 to allow the 9 required on-site parking spaces to
be provided off-site at 2725 Main Street.
Recommendation: Recommend Council modify SMMC Sections 9.04.08.28.040 and
9.04.08.28.070 and approve CUP 03-005 and Variance 03-004 with conditions.
Permit Streamlining Expiration Date: None.
Subdivision Action Deadline: None.
SITE LOCATION AND DESCRIPTION
The subject property is a 7,500 square foot parcel located on the east side of Main
Street between Hill Street and Ashland Avenue having a frontage of 75 feet.
Surrounding uses consist of commercial uses in the Main Street Commercial (CM)
District to the north, south, and west, and multifamily residential uses in the Ocean Park
Low Density Residential (OP2) District to the east. Existing on-site uses include the
subject one-story building, a fenced in service yard at the rear of the property, an
existing tree, and a walk-in cooler. The uses within the existing building are retail uses.
Zoning District: CM-2 (Main Street Commercial) District
Land Use District: Service and Specialty Commercial
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Parcel Area: 75’ x 100’ (7,500 square feet)
PROJECT DESCRIPTION
The applicant proposes to establish a private dining facility within an existing 1,668
square foot retail building. The private dining facility will be an addition to an existing
restaurant located on an adjacent parcel at 2709 Main Street (Chinois on Main). The 9
parking spaces required for the conversion of the retail building to a private dining
facility are proposed to be located off-site at 2725 Main Street, an existing surface
parking lot for several retail stores. The private dining facility, which could accommodate
up to 48 persons, will be open from 6 p.m. until midnight seven days a week and would
serve alcohol to dining patrons with a Type 47 alcohol license. No separate bar area is
proposed.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed project is inconsistent with the Municipal Code and the applicant has
requested a text amendment to allow the addition of the private dining facility to the
existing restaurant and a variance for the parking requirement. The proposed project is
in conformity with the General Plan as shown in Attachment A.
CEQA STATUS
The project is categorically exempt from the provisions of CEQA, pursuant to Class 1,
Section 15301 (a) of the State Guidelines in that the proposed project involves the
permitting and conversion of a retail building to a private dining facility which requires
the interior alteration of the proposed building. In addition, the proposed project is
exempt pursuant to Class 5, Section 15305 of the State Guidelines in that the variance
for parking constitutes a minor alteration in land use limitations on a parcel with a slope
of less than 20% which does not result in changes to land use or density.
HISTORIC RESOURCES INVENTORY STATUS
The existing building on the project site was constructed in 1923 andis identified in the
City's Historic Resources Inventory. The building is identified in the Inventory with
evaluation code “5D” in that it “appears to contribute to a district which could be
designated under local ordinance”.
RENT CONTROL STATUS
The subject property is exempt from rent control as commercial property.
FEES
The project is not subject to any special City Planning related fees.
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PUBLIC NOTIFICATION
Pursuant to Government Code Section 65804, notice of the public hearing for the Text
Amendment was published in the “California” Section of the Los Angeles Times
newspaper at least ten consecutive calendar days prior to the hearing. Notice of the
public hearing was also sent to all neighborhood organizations, and posted on the City’s
Web site. A copy of the notice is contained in Attachment A.
Pursuant to Municipal Code Section 9.04.20.20.080 and in accordance with the posting
requirements set forth by the Zoning Administrator, prior to application filing the
applicant posted a sign on the property regarding the subject application. At least 8
weeks prior to the public hearing date, the applicant submitted a photograph to verify
the site posting and to demonstrate that the sign provides the following information:
Project case number, brief project description, name and telephone number of
applicant, site address, date, time and location of public hearing, and the City Planning
Division phone number. A copy of the site posting photograph is contained in
Attachment B. It is the applicant's responsibility to update the hearing date if it is
changed after posting.
In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the public
hearing was mailed to all owners and residential and commercial tenants of property
located within a 500 foot radius of the project and published in the “California” Section of
The Los Angeles Times at least ten consecutive calendar days prior to the hearing. A
copy of the notice is contained in Attachment A.
On August 12, 2003, the applicant/appellant was notified in writing of the subject
hearing date.
ANALYSIS
Background
At the August 6, 2003 Planning Commission public hearing, concerns were expressed
regarding the wording of the proposed text amendment. The Planning Commission
continued the public hearing so that the text amendment could be revised to allow the
expansion of an existing non-conforming restaurant within the CM Main Street
Commercial District on-site or onto an adjacent property for the sole purpose of
providing a private dining facility or banquet room. The Commission was concerned
that the staff proposed text amendment would allow existing restaurants to intensify
their operations, whereas a text amendment that limited restaurant expansions to the
provision of private dining facilities would not.
Staff has revised the proposed text amendment pursuant to the direction provided by
the Commission. The applicant has reviewed the proposed text amendment and
agrees with the approach. The proposed Conditional Use Permit (03CUP005) to
remodel two existing retail spaces located within the building at 2701-2705 Main Street
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into a private dining facility, and the parking variance (03VAR004) proposal are as
originally requested.
Text Amendment
The proposed text amendment will add two subsections to SMMC Part 9.04.08.28 CM
Main Street Commercial District. Amendments to SMMC Sections 9.04.08.28.040
Conditionally Permitted Uses, and 9.04.08.28.070 Special Project Design and
Development Standards are proposed as follows:
1. Add a new conditionally permitted use to SMMC Section 9.04.08.28.040
(v) Existing restaurants that add a private dining facility and new restaurants
that include a private dining facility, pursuant to SMMC 9.04.08.28.070(m).
2. Add to SMMC 9.04.08.28.070 Special project design and development standards.
(m)Subject to a Conditional Use Permit, existing restaurants may add a private
dining facility, and new restaurants may include a private dining facility.
Notwithstanding the granting of a conditional use permit, an existing restaurant
which exceeds the limitations of Section 9.04.08.28.070(b) shall remain a legal
non-conforming use subject to Section 9.04.18.030, except the addition of a
private dining facility shall not be considered an expansion or intensification of
the restaurant. As a nonconforming use the restaurant shall be permitted to
continue only so long as the basic operational features of the use and its impact
on the neighborhood are not altered. A private dining facility is a facility that
meets the following criteria: (a) one or more rooms operated in conjunction with
a restaurant on the same or adjacent parcel; (b) meal service is provided at all
times the facility is open; (c) no more than three patron groups occupy the facility
at one time; (d) service may be provided by appointment or reservation only; (e)
alcohol may be served if a conditional use permit is obtained pursuant to SMMC
Part 9.04.10.18.
The proposed text amendment will enable an existing restaurant that is legal non-
conforming due to the number of restaurants already in existence on its block, to add a
private dining facility either on-site or on an adjacent parcel, subject to a conditional use
permit. Similarly, a new restaurant proposed on a block that has not reached its
capacity for restaurants, can develop with a private dining facility on an adjacent parcel.
The text amendment provides criteria for a private dining facility to ensure that the
addition does not intensify the existing restaurant operations. The conditional use
permit will apply to both the private dining facility and the existing or new restaurant
operations, and the conditions of approval will address both the private dining facility
and the existing or new restaurant. Additionally, the text amendment clarifies that the
acquisition of a conditional use permit would not necessarily change the legal non-
conforming status of a restaurant on Main Street, yet ensures that the addition of a
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private dining facility is not considered an expansion or intensification of the legal non-
conforming use.
Conditional Use Permit
Project Design
The proposed private dining facility will replace two retail/office spaces within an existing
commercial building. An interior partition wall will be removed and the 1,668 square foot
space will be remodeled to include a 606 square foot dining area, a 42 square foot
waiting area, a 248 square foot open kitchen, a 48 square foot employee locker room,
155 square feet of storage, and 569 square feet devoted to restrooms and circulation
areas. The dining area will include eight tables with a total of 48 chairs. The proposed
private dining facility will have no physical connection with the “host” restaurant.
The building was built in 1923 and the storefronts have recessed doorways and brick
facades with storefront windows. The applicant proposes no changes to the exterior
structure; however new doors, window glazing and a new canopy are proposed. The
exterior modifications are subject to review and approval by the Architectural Review
Board (ARB). Since this structure that has been identified on the historic resources
inventory, the potential environmental impact of any exterior modifications will be
assessed during the ARB process.
The applicant proposes no changes to the existing Chinois on Main restaurant. The
dining area of the restaurant includes seating for 100 patrons, including 9 seats at a
counter.
Hours of Operation
The private dining facility is proposed to operate nightly from 6:00 p.m. until midnight
with complete closure of the dining facility at 1:00 a.m. The existing restaurant
generally operates between 11:00 a.m. through 11:00 p.m. seven days a week with all
but one employee vacated from the premises by 12:00 midnight. Conditions No. 39 and
52 restrict the restaurant and private dining facility operating hours to these hours.
Type 47 Alcohol License
The applicant has requested a Type 47 alcohol license in order to serve beer, wine and
spirits in association with the private dining service. This is the same alcohol license
type currently issued for the applicant’s operation at Chinois on Main on the adjacent
parcel. Within a 500' radius of the site, there is one restaurant with a Type 41 (on-sale
beer and wine for public eating place) and six restaurants with a Type 47 (on-sale
general for public eating place) alcohol license. These include the following:
Type-41 (On-Sale Beer and Wine for Public Eating Place)
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Establishment Seats Address Hours
Wildflour Pizza 49 2807 Main Street 11:00 a.m. – 10:30 p.m. (No
CUP)
Type-47 (On-Sale General for Public Eating Place)
Establishment Seats Address Hours
The Victorian 175 2640 Main Street No Set Hours (No CUP)
La Vecchia Cucina 70 2654 Main Street 6:00 p.m. – 12:00 m. S-Th
6:00 – 1:00a.m. Fr-Sat (CUP96-
014)
Finn McCool’s 125 2700 Main Street 12 n. – 2 a.m. M – Sat
12 n. – 1 a.m. Sun (No CUP)
Chinois on Main 100 2709 Main Street 11a.m.– 11p.m. M -Sun. (No
CUP)
Lula Cucina 150 2720 Main Street 11:30 a.m.–10:00 p.m. Sun. –
Thurs.
11:30a.m. – 12 m. Fr – Sat(No
CUP)
World Café 94 2820 Main Street 11:30 a.m. -12 m. Tu-Th
5:30 p.m. – 12 m. Mon
11:30 a.m. - 1:00 a.m. Fr-Sat
(CUP93-010)
Police Department Comments
The Police Department has no concerns with regard to the application.
Community and Cultural Services Department Comments
The Department of Community and Cultural Services has no concerns with regard to
the application.
Variance
Parking and Circulation
No on-site parking is provided for this commercial building. To accommodate the
conversion of retail/office space to a private dining facility use, the Zoning Ordinance
requires that the applicant provide on-site parking to accommodate the increased
demand. The current parking demand for the subject tenant space is 6 spaces. Based
on the parking requirement for a restaurant, the proposed private dining facility requires
15 parking spaces; therefore, the applicant must provide an additional 9 parking spaces
to accommodate the new private dining facility use. The applicant has requested a
variance to allow the shared use of a surface parking lot at 2725 Main Street. The
existing parking lot is currently used for three retail stores (2719-23 Main Street), is
accessed from Main Street, and is located approximately 125 feet from the proposed
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private dining facility. The applicant proposes to re-stripe the parking lot to comply with
current Code design requirements; the new configuration will include a total of 15
parking spaces.
The surface parking lot at 2725 Main Street will provide the 13 parking spaces required
for the retail stores at 2719-23 Main Street during the day and will be used exclusively
by the private dining facility at 2705 Main Street after 6:00 p.m. The shared use of the
parking lot is proposed since the applicant owns the property and the operating hours of
the uses do not overlap. The operating hours of the retail shops are 10:00 a.m. to 6:00
p.m.; the proposed operating hours for the private dining facility are 6:00 p.m. to
midnight. Should the hours of operation of the private dining facility expand beyond
those proposed, the applicant would be required to secure additional parking for those
hours.
Chinois on Main, currently uses the parking lot at 2725 Main Street on an informal
basis. The property at 2709 Main Street was legally converted to restaurant use without
any required parking and therefore Chinois on Main is not required to provide parking.
To ensure that patrons of this restaurant have adequate parking, the applicant has
leased 20 parking spaces (after 6:30 p.m.) in the 33-space parking lot located at 2811–
2821 Main Street. There are no businesses other than Chinois on Main that have valet
parking permits to use this lot.
The parking lot at 2811-2821 was developed as a surface parking lot and does not
provide “required” parking for any business. However, the lot allows parking for the
tenants of the Mericos Building located on the adjacent parcel, including the First
Federal Bank. The lot currently allows public parking for a fee.
The Chinois on Main restaurant currently maintains a Transportation Demand
Management plan designed to achieve a ride sharing objective of 1.5 employees per
vehicle, which relies on a combination of carpooling, bus transportation and bicycle
transportation.
Neighborhood Compatibility
The Main Street Commercial District is intended to protect a special, historic commercial
district and adjoining residential neighborhood. There are 51 multi-family residential
properties and 42 single-family residential units, 2 pre-school/daycare centers, and 2
places of worship within a 500-foot radius of the site. There are also 7 establishments
with alcohol licenses within 500 feet of the proposed private dining facility. Restaurants
with fifty seats or less are permitted uses within this district, and restaurants with fifty
seats or more are permitted with a Conditional Use Permit; however, the number of
restaurants per City block is limited to two per block south of Ocean Park Boulevard.
The purpose of this limitation is to reduce the adverse noise, traffic, and parking impacts
of restaurants on nearby residences.
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The proposed text amendment would allow existing legal, nonconforming restaurants
and new restaurants in the CM (Main Street Commercial) District to expand on-site or
on to an adjacent parcel to establish “private dining facilities” that would be limited to 50
seats or less. The limited expansion for a private dining facility would allow restaurants
to expand their services to accommodate private events and/or groups without
disrupting the current operation of the existing restaurant.
Although there would not need to be a physical connection between the two facilities if
the expansion occurred on the adjacent parcel, the restaurant and the expansion would
exist as a single business. The conditions of approval imposed by the Conditional Use
Permit will ensure that both the existing restaurant and the expansion operate in a
manner that is compatible with the surrounding residential and commercial
neighborhood. The expansion of existing restaurants, subject to a conditional use
permit, will encourage the use of existing tenant spaces and/or buildings and serve to
maintain the historical, unique character of Main Street. In addition, ground floor uses in
the Main Street Commercial District are required to be pedestrian oriented uses.
Restaurants are considered pedestrian-oriented uses and their patrons are likely to walk
along Main Street and browse and shop before and after their meals.
The proposed project at 2705 Main Street will allow the expansion of operations of the
Chinois on Main restaurant located on the adjacent property. The existing restaurant
has operated compatibly in this Main Street location for 20 years. The proposed project
will have two entries on Main Street and no public entrances at the rear. All public
activity will take place on Main Street and away from sensitive residential uses along
Second Street. The applicant proposes to provide valet parking; therefore, there will be
few if any patrons of the private dining facility in the parking lot at 2725 Main Street after
6:00 p.m.
Code Enforcement
There has been no Code Enforcement activity on this property or at Chinois on Main on
the adjacent property.
Conclusion
The proposed text amendment to allow conforming and legally nonconforming
restaurants in the CM (Main Street Commercial) District to expand to provide a private
dining facility subject to a conditional use permit, will allow an existing restaurant to
expand into a tenant space located on an adjacent parcel in order to provide dining
facilities for private events and groups. The proposed restaurant expansion will allow
additional dining services to be provided by Chinois on Main, which will enhance the
stability of an existing restaurant that has operated on Main Street since 1983. The
parking variance will allow the shared use of an existing parking lot to be used to
accommodate the increased number of parking spaces required for the new private
dining facility use. Staff does not believe that the expansion of the restaurant on an
adjacent parcel to provide private dining operations of existing restaurants on Main
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Street, including those that serve alcohol, will contribute to adverse noise and traffic
impacts on nearby residences. Therefore, staff recommends approval with the
conditions listed below.
ALTERNATIVES
Other than the recommended action, the Planning Commission may:
Approve Text Amendment 03TA-005, Conditional Use Permit 03CUP-005 and Variance
03VAR-004 based upon revised findings and conditions; or
Deny Text Amendment 03TA-005, Conditional Use Permit 03CUP-005 and Variance
03VAR-004 without prejudice, based upon revised findings; or
Deny Text Amendment 03TA-005, Conditional Use Permit 03CUP-005 and Variance
03VAR-004 based upon revised findings.
RECOMMENDATION
It is recommended that the Planning Commission:
1. Recommend that the Council modify SMMC Sections 9.04.08.28.040 and
9.04.08.28.070.
2. Approve CUP 03-005 and Variance 03-004 subject to Council adoption of the
proposed ordinance amendment and based on the following findings and with
the following conditions.
TEXT AMENDMENT FINDINGS
1. The proposed amendments are consistent in principle with the goals, objectives,
policies, land uses, and programs specified in the adopted General Plan in that
Land Use Policy 1.6.7 indicates Main Street should include "a variety of uses,
including… leisure time opportunities for those living in the surrounding
community and the greater Santa Monica area…" and that such uses include
"small restaurants." The private dining facility will provide additional dining
opportunities for residents and tourists. Private dining facilities must be
operated in conjunction with existing or new restaurants, which the Zoning
Ordinance defines as a pedestrian-oriented use. Private dining facilities will
encourage pedestrian activity on Main Street even though they require
reservations. Patrons are likely to walk along Main Street and browse and
shop before and after their meals.
2. The public health, safety and general welfare require the adoption of the
proposed amendments in that the text amendments are specifically limited to
allow private dining facilities only in conjunction with existing or new restaurants
on Main Street and with specific limitations. This will ensure private dining
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facilities will create less impact upon public health and safety than other
allowable uses in the CM district, while still encouraging pedestrian activity.
Private dining facilities will provide an appropriate entertainment opportunity
benefiting the general welfare of residents and visitors that would not be
available absent the text amendments.
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the subject district and
complies with all of the applicable provisions of the "City of Santa Monica
Comprehensive Land Use and Zoning Ordinance", in that pursuant to the
proposed text amendment approved in conjunction with this conditional use
permit, the addition of a private dining facility to an existing restaurant or the
inclusion of a private dining facility in a new restaurant are permitted in the CM
(Main Street) District pursuant to a conditional use permit. The addition of a
private dining facility at 2705 Main Street to the existing restaurant located
adjacent at 2709 Main Street.
2. The proposed use would not impair the integrity and character of the district in
which it is to be established or located, in that pursuant to the proposed text
amendment approved in conjunction with this conditional use permit, the
addition of a private dining facility to an existing restaurant is permitted in the
CM (Main Street) District. Restaurants are permitted in the CM District subject
to certain numerical limitations. Main Street is intended to provide recreational
and entertainment opportunities for residents and visitors. The addition of a
private dining facility to an existing restaurant is consistent with and advances
this goal. In addition, the private dining facility will only be open in the evening
hours and will not generate parking demand during day time hours and the
required parking will be provided nearby. The private dining facility will not
exacerbate parking congestion on Main Street. In addition, the Zoning
Ordinance requires ground floor space on Main Street to be pedestrian oriented.
Restaurants are pedestrian oriented. The private dining facility will be operated
in conjunction with Chinois on Main, an existing restaurant, and will operate
substantially in the same manner as a restaurant that requires reservations.
3. The subject parcel is physically suitable for the type of land use being proposed,
in that the addition of a private dining facility to an existing restaurant will be in
an existing commercial building.
4. The proposed use is compatible with any of the land uses presently on the
subject parcel if the present land uses are to remain, in that the other use on the
site is a retail store within a separate tenant space of the subject building. The
tenant spaces have separate entries.
5. The proposed use would be compatible with existing and permissible land uses
within the district and the general area in which the proposed use is to be
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located, in that pursuant to the proposed text amendment approved in
conjunction with this conditional use permit, private dining facilities are permitted
in the CM District pursuant to a conditional use permit. The CM District is a
retail/commercial district that is intended to include restaurant and dining
facilities.
6. There are adequate provisions for water, sanitation, and public utilities and
services to ensure that the proposed use would not be detrimental to public
health and safety, in that the existing commercial structure on-site has
adequate provisions for water, sanitation and public utility services. The
existing restaurant will be open 11:00 a.m.– 11:00 p.m. Monday through
Sunday, and the private dining facility will only be open in the evenings 6:00
p.m. until 12:00 midnight and thus will not increase demand for these services
beyond capacity.
7. Public access to the proposed use will be adequate, in that the proposed use
will be implemented in an existing commercial building that has pedestrian
access to Main Street. In addition the parking lot at 2725 Main Street will
provide the required 9 parking spaces. This parking lot services the retail uses
at 2719-23 Main Street that are only open during daytime hours and close at
6:00 p.m.; the private dining facility will share the parking lot with these retail
uses without conflict since it will not open until 6:00 p.m.
8. The physical location or placement of the use on the site is compatible with and
relates harmoniously to the surrounding neighborhood, in that the proposed
private dining facility will be within an existing commercial building.
9. The proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that The Land Use Element of the General Plan Policy 1.6.7 indicates
that Main Street should include a variety of uses including “leisure time opportunities for
those living in the surrounding community and the greater Santa Monica area…” and
that such uses include “small restaurants.” The addition of a private dining facility to an
existing restaurant will provide additional dining opportunities for residents and visitors.
Additionally the addition of a private dining facility to the existing restaurant will
encourage pedestrian activity on Main Street within the evening hours.
10. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or general welfare, in that the addition of a private dining facility to
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an existing restaurant that has operated in harmony with the surrounding
neighborhood for 20 years will not intensify the operations associated with the
restaurant.
11. The proposed use conforms precisely to the applicable performance standards
contained in Subchapter 9.04.12 and special conditions outlined in Subchapter
9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning
Ordinance, in that there are no applicable performance standards for private
dining facilities.
12. The proposed use will not result in an over-concentration of such uses in the
immediate vicinity, in that the number of restaurants is limited within the CM
District and the addition of a private dining facility to an existing restaurant will
require a Conditional Use Permit.
VARIANCE FINDINGS
1. There are special circumstances or exceptional characteristics applicable to the
property involved, including size, shape, topography, location, or surroundings,
or to the intended use or development of the property that do not apply to other
properties in the vicinity under an identical zoning classification, in that 2705
Main Street is an existing commercial building with no on-site parking and no
room to add required parking without removing structures. Although the
conversion of a portion of the subject building from retail to a dining facility will
require the provision of additional parking, the applicant owns the property at
2725 Main Street where the parking for the proposed private dining facility will
be provided.
2. The granting of such variance will not be detrimental or injurious to the property
or improvements in the general vicinity and district in which the property is
located, in that the private dining facility will provide all required 15 parking
spaces in the parking lot at 2725 Main Street, which is approximately 126 feet
from the 2705 Main Street. The parking lot at 2725 Main Street provides
parking for adjacent retail uses at 2719-2723 Main Street during the day; the
private dining facility will utilize the parking lot after the retail uses are closed.
3. The strict application of the provisions of this Chapter would result in practical
difficulties or unnecessary hardships, not including economic difficulties or
economic hardships, in that without the parking variance the private dining
facility would not be permitted to operate since the subject property does not
have on-site parking.
4. The granting of a variance will not be contrary to or in conflict with the general
purposes and intent of this Chapter, or to the goals, objectives and policies of
the General Plan, in that the Land Use Element Policy 1.6.7 indicates that Main
Street should include a variety of uses including small restaurants available for
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those living in the surrounding community and greater Santa Monica area, and
in that Circulation Element Policy 4.7.3 states that the “most efficient use of
parking facilities should be encouraged, including provisions for compact cars,
tandem parking in conjunction with free valet service”. Condition No. 54, which
requires the Director of Planning to review and approve a share use parking
plan at 2725 Main Street, will ensure that the shared use of the existing parking
lot for the required off-site parking spaces is accomplished efficiently.
5. The variance would not impair the integrity and character of the district in which
it is to be located, in that the proposed private dining facility will be located
within an existing commercial building and will utilize an existing surface parking
lot during the evening hours when it is not in use by the retail patrons.
6. The subject site is physically suitable for the proposed variance, in that no on–
site parking exists, the off-site parking lot is located approximately 125 feet from
the subject property, and the off-site parking lot is already developed with
access onto Main Street.
7. There are adequate provisions for water, sanitation, and public utilities
and services to ensure that the proposed variance would not be
detrimental to public health and safety, in that the existing commercial
structure at 2705 Main Street has adequate provisions for water,
sanitation and public utility services.
8. The reduction of the automobile parking space requirements is based
and conditioned upon an approved parking reduction plan that
incorporates transportation control measures that have been
demonstrated to be effective in reducing parking needs and that are
monitored, periodically reviewed for continued effectiveness, and
enforced by the City as contained in SMMC Section 9.04.10.08.050 in
that the required number of spaces have been provided off-site at 2725
Main Street, and in that Condition No. 39 restricts the operating hours
of the private dining facility to evening hours whereas the retail uses
that share the lot operate from 10 a.m. to 6 p.m., and Condition No. 54
requires a approval of a plan for the shared use of the required parking
spaces at 2725 Main Street.
9. There will be adequate provisions for public access to serve the subject
variance proposal, in that the subject property 2705 Main Street and the off-site
parking lot at 2725 Main Street have pedestrian access via a public sidewalk
along Main Street. The parking lot at 2725 Main Street also has a vehicular
driveway onto Main Street.
10. The strict application of the provisions of Chapter 10 of the City of Santa Monica
Comprehensive Land Use and Zoning Ordinance would result in unreasonable
deprivation of the use or enjoyment of the property, in that there is no on-site
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parking for this establishment and without the variance to allow off-site shared
use parking, the private dining facility could not be established.
ALCOHOL OUTLET FINDINGS
1. The proposed use will not adversely affect the welfare of neighborhood
residents in a significant manner in that the use will be located in within an
enclosed building in a commercial area and the building entries are oriented
toward Main Street away from any nearby residential uses.
2. The proposed use will not contribute to an undue concentration of alcohol
outlets in the area in that a private dining facility with no separate bar area or
entertainment that is associated with an existing restaurant operation is not
typically considered to contribute to objectionable problems associated with
alcohol outlets, and in that the area is in the Main Street Commercial District
portion of Santa Monica which is frequented by local residents as well as
shoppers and visitors from outside the area. Furthermore, this type of outlet
has not contributed significantly to alcohol related problems in the area.
3. The proposed use will not detrimentally affect nearby neighborhoods
considering the distance of the alcohol outlet to residential buildings, churches,
schools, hospitals, playgrounds, parks, and other existing alcohol outlets in
that the conditions for approval, such as the requirement that the establishment
operate with no separate bar area or entertainment, will minimize the potential
affect on the residential uses in the vicinity.
4. The proposed use is compatible with existing and potential uses within the
general area in that the private dining facility with an alcohol license operated in
conjunction with an existing Main Street restaurant is in a commercial district
and is compatible with permitted uses in the district.
5. Traffic and parking congestion will not result from the proposed use in that
parking for the use is available at 2725 Main Street within an existing surface
parking lot.
6. The public health, safety, and general welfare are protected in that the project is
consistent with the provisions of the Zoning Ordinance provided that the text
amendment to allow private dining facilities is adopted.
7. No harm to adjacent properties will result in that the conditions of approval will
ensure that the establishment at 2705 Main Street operates as a private dining
facility for the Chinois on Main restaurant located at 2709 Main Street restaurant
with no separate bar area or entertainment.
8. The proposed use is consistent with the objectives of the General Plan in that
the Land Use Element of the General Plan designates the area as Service and
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Specialty Commercial and Land Use Policy 1.6.7 indicates Main Street should
include "a variety of uses, including… leisure time opportunities for those living
in the surrounding community and the greater Santa Monica area…" and that
such uses include "small restaurants." The private dining facility with an alcohol
license operated in conjunction with an existing Main Street restaurant will
provide additional dining opportunities for residents and tourists.
CONDITIONS
Plans
1. This approval is for those plans for 2705 Main Street and 2725 Main Street
dated 7/22/03, and for those plans for 2709 Main Street dated 9/15/03, a copy
of which shall be maintained in the files of the City Planning Division. Project
development shall be consistent with such plans, except as otherwise specified
in these conditions of approval. This permit shall not be effective until the
effective date of the ordinance implementing the Text Amendment 03-005.
2. The Plans shall comply with all other provisions of Chapter 1, Article IX of the
Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and
General Plan policies of the City of Santa Monica.
3. Final parking lot layout and specifications shall be subject to the review and
approval of the Transportation Management Division.
4. 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, and increase of
seating, or a significant change in the approved 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. No
expansion in number of seats, intensity of operation, or outdoor areas shall
occur without prior approval from the City of Santa Monica and State ABC.
Architectural Review Board
5. Prior to consideration of the project by the Architectural Review Board, the
applicant shall review disabled access requirements with the Building and
Safety Division and make any necessary changes in the project design to
achieve compliance with such requirements. The Architectural Review Board,
in its review, shall pay particular attention to aesthetic, landscaping, and setback
impacts of any ramps or other features necessitated by accessibility
requirements.
6. Construction period signage shall be subject to the approval of the Architectural
Review Board.
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7. Plans for final design, landscaping, screening, trash enclosures, and signage
shall be subject to review and approval by the Architectural Review Board.
8. The Architectural Review Board, in its review, shall pay particular attention to
the project's pedestrian orientation and amenities; scale and articulation of
design elements; exterior colors, textures and materials; window treatment;
glazing; potential of the structure as an historic resource, and landscaping.
9. As appropriate, the Architectural Review Board shall require the use of anti-
graffiti materials on surfaces likely to attract graffiti.
10. Refuse areas, storage areas and mechanical equipment shall screened in
accordance with SMMC Section 9.04.10.02.130-9.04.10.02.150. Refuse areas
shall be of a size adequate to meet on-site need, including recycling. The
Architectural Review Board in its review shall pay particular attention to the
screening of such areas and equipment. Any rooftop mechanical equipment
shall be minimized in height and area, and shall be located in such a way as to
minimize noise and visual impacts to surrounding properties. Unless otherwise
approved by the Architectural Review Board, rooftop mechanical equipment
shall be located at least five feet from the edge of the roof.
Construction
11. Unless otherwise approved by the Department of Environmental and Public
Works Management, all sidewalks shall be kept clear and passable during the
grading and construction phase of the project.
12. Sidewalks, curbs, gutters, paving and driveways which need replacing or
removal as a result of the project as determined by the Department of
Environmental and Public Works Management shall be reconstructed to the
satisfaction of the Department of Environmental and Public Works
Management. Approval for this work shall be obtained from the Department of
Environmental and Public Works management prior to issuance of the building
permits.
13. Vehicles hauling dirt or other construction debris from the site shall cover any
open load with a tarpaulin or other secure covering to minimize dust emissions.
Immediately after commencing dirt removal from the site, the general contractor
shall provide the City of Santa Monica with written certification that all trucks
leaving the site are covered in accordance with this condition of approval.
14. A construction period mitigation plan shall be prepared by the applicant for
approval by the Department of Environmental and Public Works Management
prior to issuance of a building permit. The approved mitigation plan shall be
posted on the construction site for the duration of the project construction and
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shall be produced upon request. As applicable, this plan shall 1) Specify the
names, addresses, telephone numbers and business license numbers of all
contractors and subcontractors as well as the developer and architect; 2)
Describe how demolition of any existing structures is to be accomplished; 3)
Indicate where any cranes are to be located for erection/construction; 4)
Describe how much of the public street, alleyway, or sidewalk is proposed to be
used in conjunction with construction; 5) Set forth the extent and nature of any
pile-driving operations; 6) Describe the length and number of any tiebacks
which must extend under the property of other persons; 7) Specify the nature
and extent of any dewatering and its effect on any adjacent buildings; 8)
Describe anticipated construction-related truck routes, number of truck trips,
hours of hauling and parking location; 9) Specify the nature and extent of any
helicopter hauling; 10) State whether any construction activity beyond normally
permitted hours is proposed; 11) Describe any proposed construction noise
mitigation measures; 12) Describe construction-period security measures
including any fencing, lighting, and security personnel; 13) Provide a drainage
plan; 14) Provide a construction-period parking plan which shall minimize use of
public streets for parking; 15) List a designated on-site construction manager;
16) Provide a construction materials recycling plan which seeks to maximize
the reuse/recycling of construction waste; 17) Provide a plan regarding use of
recycled and low-environmental-impact materials in building construction.
15. A sign shall be posted on the property in a manner consistent with the public
hearing sign requirements which shall identify the address and phone number of
the owner and/or applicant for the purposes of responding to questions and
complaints during the construction period. Said sign shall also indicate the
hours of permissible construction work.
16. The property owner shall insure any graffiti on the site is promptly removed
through compliance with the City's graffiti removal program.
17. A copy of these conditions shall be posted in an easily visible and accessible
location at all times during construction at the project site. The pages shall be
laminated or otherwise protected to ensure durability of the copy.
Environmental Mitigation
18. Ultra-low flow plumbing fixtures are required on all new development and
remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0
gallon urinals and low flow shower head.)
19. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy,
project owner shall submit a recycling plan to the Department of Environmental
and Public Works Management for its approval. The recycling plan shall include
1) list of materials such as white paper, computer paper, metal cans, and glass
to be recycled; 2) location of recycling bins; 3) designated recycling coordinator;
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4) nature and extent of internal and external pick-up service; 5) pick-up
schedule; 6) plan to inform tenants/occupants of service.
Miscellaneous Conditions
20. 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.
21. Street and/or alley lighting shall be provided on public rights-of-way adjacent to
the project if and as needed per the specifications and with the approval of the
Department of Environmental and Public Works Management.
22. Any new restaurant or private dining facility at the site with fewer than 50 seats
capacity shall install a grease interceptor with minimum 750 gallons static
holding capacity in order to pretreat sewered grease. Facilities with greater
than 50 seats are required to install an interceptor with 1000 gallons minimum
holding capacity. The Environmental and Public Works Management
Department may modify the above requirements only for good cause.
Specifically, the facility must demonstrate to the satisfaction of the Industrial
Waste Section and Building and Safety Division that interceptor installation is
not feasible at the site in question. In such cases where modifications are
granted, grease traps will be required in the place of an interceptor. Building
permit plans shall show the required installation.
23. Mechanical equipment shall not be located on the side of any building which is
adjacent to a residential building on the adjoining lot. Roof locations may be used when
the mechanical equipment is installed within a soundrated parapet enclosure.
24. Final approval of any mechanical equipment installation will require a noise test
in compliance with SMMC section 4.12.040. Equipment for the test shall be
provided by the owner or contractor and the test shall be conducted by the
owner or contractor. A copy of the noise test results on mechanical equipment
shall be submitted to the Community Noise officer for review to ensure that
noise levels do not exceed maximum allowable levels for the applicable noise
zone.
25. Final building plans submitted for approval of a building permit shall include on
the plans a list of all permanent mechanical equipment to be placed outdoors
and all permanent mechanical equipment to be placed indoors which may be
heard outdoors.
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26. Prior to issuance of a Final Inspection the applicant shall post a notice at the
building entry stating that the site is regulated by a Conditional Use Permit and
the Statement of Official Action, which includes the establishment’s conditions
of approval, is available upon request. This notice shall remain posted at all
time the establishment is in operation.
Validity of Permits
27. In the event permittee violates or fails to comply with any conditions of approval
of this permit, no further permits, licenses, approvals or certificates of occupancy shall
be issued until such violation has been fully remedied.
28. Within ten days of Planning Division transmittal of the Statement of Official
Action, project applicant shall sign and return a copy of the Statement of Official
Action prepared by the Planning Division, agreeing to the Conditions of approval
and acknowledging that failure to comply with such conditions shall constitute
grounds for potential revocation of the permit approval. By signing same,
applicant shall not thereby waive any legal rights applicant may possess
regarding said conditions. The signed Statement shall be returned to the City
Planning Division. Failure to comply with this condition shall constitute grounds
for potential permit revocation.
29. This determination shall not become effective for a period of fourteen days from
the date of determination or, if appealed, until a final determination is made on the
appeal. Any appeal must be made in the form required by the Zoning Administrator.
The approval of this permit shall expire if the rights granted are not exercised within
eighteen months from the permit’s effective date. Exercise of rights shall mean
issuance of a building permit to commence construction. However, the permit shall also
expire if the building permit expires, if final inspection is not completed or a Certificate of
Occupancy is not issued within the time periods specified in SMMC Section 8.08.060.
One six-month extension may be permitted if approved by the Director of Planning.
Applicant is on notice that time extensions may not be granted if development standards
37
or the development process relevant to the project have changed since project
approval. Additionally, the rights associated with this approval shall expire if the
establishment ceases operation for a period of six months or longer.
30. Applicant is advised that projects in the California Coastal Zone may need
approval of the California Coastal Commission prior to issuance of any building
permits by the City of Santa Monica. Applicant is responsible for obtaining any
such permits.
Alcohol Outlet Conditions
31. The owner shall prohibit patrons congregating in the off-site parking area and
shall control noisy patrons leaving the restaurant.
32. Window or other signage visible from the public right-of-way that advertises
beer or alcohol shall not be permitted.
33. The primary use of the premises shall be for sit-down meal service to patrons.
Alcohol shall not be served to persons except those intending to purchase
meals.
34. The establishment shall maintain a kitchen or food-serving area in which a
variety of food is prepared and cooked on the premises.
35. The establishment shall serve food to patrons during all hours the establishment
is open for customers.
36. Seating arrangements for sit-down patrons within the private dining facility at
2705 Main Street shall not exceed 48 seats.
37. No alcoholic beverage shall be sold for consumption beyond the premises.
38. No dancing or live entertainment beyond that allowed in the restaurant definition
contained in the Zoning Ordinance shall be permitted on the premises.
39. The permitted hours of service within the private dining facility at 2705 Main
Street shall be 6:00 p.m. to 12:00 midnight seven days a week, with complete
closure and all employees vacated from the building by 1:00 a.m. No "after
hours" operations shall be permitted.
40. Prior to issuance of a Certificate of Occupancy, or a business license, or
commencement of alcohol service as applicable, a security plan shall be
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submitted to the Chief of Police for review and approval. The plan shall address
both physical and operational security issues.
41. Prior to issuance of a Certificate of Occupancy, or a business license, or
commencement of alcohol service as applicable, the operator shall submit a plan
for approval by the Director of Planning regarding employee alcohol awareness
training programs and policies. The plan shall outline a mandatory alcohol
awareness training program for all employees having contact with the public and
shall state management's policies addressing alcohol consumption and
inebriation. The program shall require all employees having contact with the
public to complete a California Department of Alcoholic Beverage Control (ABC)
sponsored alcohol awareness training program within 90 days of the effective
date of this approval. In the case of new employees, the employee shall attend
the alcohol awareness training within 90 days of hiring. In the event the ABC no
longer sponsors an alcohol awareness training program, all employees having
contact with the public shall complete an alternative program approved by the
Director of Planning and Community Development. The operator shall provide
the City with an annual report regarding compliance with this condition. This
project shall be subject to any future City-wide alcohol awareness training
program condition affecting similar establishments.
42. Prior to issuance of a Certificate of Occupancy, or a business license, or
commencement of alcohol service as applicable, the operator shall also submit a
plan describing the establishment's designated driver program, which shall be
offered by the operator to the establishment's patrons. The plan shall specify
how the operator will inform patrons of the program, such as offering on the
menu a free non-alcoholic drink for every party of two or more ordering alcoholic
beverages.
43. Except for special events, alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
44. Any minimum purchase requirement may be satisfied by the purchase of
beverages or food.
45. No video or other amusement games shall be permitted on the premises.
46. No more than 35% of total gross revenues per year shall be from alcohol sales.
The operator shall maintain records of gross revenue sources which shall be
submitted annually to the City of Santa Monica City Planning Division at the
beginning of the calendar year and also available to the City of Santa Monica and
the State ABC upon request.
47. The project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12), and activities such as deliveries, trash disposal or other
maintenance activity generating noise audible fat the exterior of the building are
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prohibited between 12 midnight and 7 a.m. Monday through Friday, and between
12 midnight and 9 a.m. Saturday and Sunday.
48. Within thirty (30) days from date of the approval of the Statement of Official
Action, the applicant shall provide a copy of the approved Statement of Official
Action for this project to the local office of the State Alcoholic Beverage Control
department.
49. Applicant is on notice that all temporary signage is subject to the restrictions of
the City sign ordinance.
50. Prior to issuance of commencement of alcohol service, the applicant shall post a
notice at the private dining facility entry stating that the site is regulated by a
Conditional Use Permit and the Statement of Official Action, which includes the
establishment’s conditions of approval, are available upon request. This notice
shall remain posted at all times the establishment is in operation.
Restaurant Conditions
51. Seating arrangements for sit-down patrons within the restaurant at 2709 Main
Street shall not exceed 100 seats, including 9 counter seats.
52. The permitted hours of service within the restaurant at 2709 Main Street shall be
11:00 a.m. to 11:00 p.m. seven days a week, with complete closure and
employees vacated from the building by 12:00 midnight, except a single
employee may remain on-site after hours for cleanup and incidental security
purposes consistent with current operations. No other "after hours" operations
shall be permitted.
53. The applicant shall post a notice at the restaurant entry stating that the site is
regulated by a Conditional Use Permit and the Statement of Official Action, which
includes the establishment’s conditions of approval, are available upon request.
This notice shall remain posted at all times the establishment is in operation.
Variance Conditions
54. Prior to commencement of operation of the private dining facility, the applicant
shall submit for the review and approval of the Director of Planning a plan for the
shared use of the required parking spaces at 2725 Main Street. The plan will
include operating hours of all businesses utilizing the lot, the provision of valet
service and the operational details of the valet service, including training of valet
staff to ensure that impacts to the residential neighbors on Second Street are
minimized.
Prepared by: Laura Beck, AICP, Associate Planner
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City Planning Division
Planning and Community Development Department
Attachments:
A. Municipal Code and General Plan Conformance
B. Notice of Public Hearing & Photograph of Sign Posting
C. Proposed Text Amendment
D. Project plans and Photographs
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CP:JT:AS:PF:LB:f:\plan\share\pc\strpt\03\SupplementalChinois.doc
Planning Commission Mtg: October 1, 2003 Santa Monica, California
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Supplemental Staff Report - Text Amendment 03TA-005, Conditional Use
Permit 03CUP-005 Variance 03VAR-004
Address: 2705 Main Street and 2709 Main Street
Applicant: Wolfgang Puck and Bella Lantsman
Property Owner: Lenore Lambert
INTRODUCTION
A letter dated September 30, 2003 was submitted on behalf of the applicants to propose
a modification to the text amendment language and modifications to two conditions and
the addition of new conditions. Staff has reviewed the applicant’s proposal and
recommends modifications as presented in this supplemental staff report.
Recommendation: Recommend Council modify SMMC Sections 9.04.08.28.040 and
9.04.08.28.070 as modified and approve CUP 03-005 and Variance 03-004 with
conditions as modified.
Text Amendment
The proposed text amendment will add two subsections to SMMC Part 9.04.08.28 CM
Main Street Commercial District. Amendments to SMMC Sections 9.04.08.28.040
Conditionally Permitted Uses, and 9.04.08.28.070 Special Project Design and
Development Standards are proposed as follows with the new modifications proposed
in bold face.
Add to SMMC 9.04.08.28.070 Special project design and development standards.
(n) Subject to a Conditional Use Permit, existing restaurants may add a private
dining facility, and new restaurants may include a private dining facility.
Notwithstanding the granting of a conditional use permit, an existing restaurant
which exceeds the limitations of Section 9.04.08.28.070(b) shall remain a legal
non-conforming use subject to Section 9.04.18.030, except the addition of a
private dining facility shall not be considered an expansion or intensification of
under Sections 9.04.18.030(d) and (e)
the restaurant . As a nonconforming use
the restaurant shall be permitted to continue only so long as the basic operational
Any
features of the use and its impact on the neighborhood are not altered.
such Conditional Use Permit shall encompass both the private dining
facility and the existing or new restaurant.
A private dining facility is a facility
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that meets the following criteria: (a) one or more rooms operated in conjunction
with a restaurant on the same or adjacent parcel; (b) meal service is provided at
all times the facility is open; (c) no more than three patron groups occupy the
facility at one time; (d) service may be provided by appointment or reservation
only; (e) alcohol may be served if a conditional use permit is obtained pursuant to
SMMC Part 9.04.10.18.
The added text is intended to clarify that the private dining facility is not considered
an expansion or intensification of the restaurant within the context of the Code
section that addresses legal, non-conforming uses, and to clarify that the
subsequent Conditional Use Permit will apply to both the private dining facility and
the existing or new restaurant.
Modifications to Proposed Conditions
Condition No. 29
until the effective date of the
29. This determination shall not become effective
ordinance implementing the Text Amendment 03-005.
for a period of
fourteen days from the date of determination or, if appealed, until a final
determination is made on the appeal. Any appeal must be made in the form
required by the Zoning Administrator. The approval of this permit shall expire if
the rights granted are not exercised within eighteen months from the permit’s
effective date. Exercise of rights shall mean issuance of a building permit to
commence construction. However, the permit shall also expire if the building
permit expires, if final inspection is not completed or a Certificate of Occupancy is
not issued within the time periods specified in SMMC Section 8.08.060. One six-
month extension may be permitted if approved by the Director of Planning.
Applicant is on notice that time extensions may not be granted if development
standards or the development process relevant to the project have changed
since project approval. Additionally, the rights associated with this approval
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shall expire if the establishment ceases operation for a period of six months or
longer.
Condition No. 52
This condition is intended to require that the existing restaurant hours do not increase.
Information provided to staff indicated existing operations close at 11:00 p.m.
Therefore, this condition should not be modified except to correct any
misunderstanding.
Condition No. 54
54. Prior to commencement of operation of the private dining facility, the applicant
shall submit for the review and approval of the Director of Planning a plan for the
fifteen (15)or
shared use of the required parking spaces at 2725 Main Street
another site within a 500 foot radius of the private dining facility, subject to
approval of the Director of Planning.
The plan will include operating hours of
all businesses utilizing the lot, the provision of valet service and the operational
details of the valet service, including training of valet staff to ensure that impacts
to the residential neighbors on Second Street are minimized.
The applicant has suggested and staff agrees that the following conditions should also
apply to the existing restaurant operation, consistent with standard CUP conditions for
restaurants. These conditions are already recommended for the private dining facility.
Additional Restaurant Conditions
1. The owner shall prohibit patrons congregating in the off-site parking area
and shall control noisy patrons leaving the restaurant.
2. Window or other signage visible from the public right-of-way that
advertises beer or alcohol shall not be permitted.
3. The primary use of the premises shall be for sit-down meal service to
patrons. Alcohol shall not be served to persons except those intending to
purchase meals.
4. The establishment shall maintain a kitchen or food-serving area in which a
variety of food is prepared and cooked on the premises.
5. The establishment shall serve food to patrons during all hours the
establishment is open for customers.
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6. No alcoholic beverage shall be sold for consumption beyond the
premises.
7. No dancing or live entertainment beyond that allowed in the restaurant
definition contained in the Zoning Ordinance shall be permitted on the
premises.
8. A security plan shall be submitted to the Chief of Police for review and
approval. The plan shall address both physical and operational security
issues.
9. Any minimum purchase requirement may be satisfied by the purchase of
beverages or food.
10. No video or other amusement games shall be permitted on the premises.
11. The project shall at all times comply with the provisions of the Noise
Ordinance (SMMC Chapter 4.12), and activities such as deliveries, trash
disposal or other maintenance activity generating noise audible fat the
exterior of the building are prohibited between 12 midnight and 7 a.m.
Monday through Friday, and between 12 midnight and 9 a.m. Saturday and
Sunday.
12. Applicant is on notice that all temporary signage is subject to the
restrictions of the City sign ordinance.
The applicant shall provide written documentation for the review and
13.
approval of the Director of Planning indicating exclusive use of a
minimum of seventeen (17) parking spaces within a 500 foot radius of the
restaurant from 6:00 pm until 12:00 midnight on all evenings when the
restaurant is open for business.
In consideration with the changes listed above, the following variance finding needs to
modified as follows:
VARIANCE FINDINGS
1. There are special circumstances or exceptional characteristics applicable to the
property involved, including size, shape, topography, location, or surroundings, or
to the intended use or development of the property that do not apply to other
properties in the vicinity under an identical zoning classification, in that 2705
Main Street is an existing commercial building with no on-site parking and no
room to add required parking without removing structures. Although the
conversion of a portion of the subject building from retail to a dining facility will
require the provision of additional parking, the applicant owns the property at
45
2725 Main Street where the parking for the proposed private dining facility will be
provided.
CONCLUSION
Staff recommends the above modification to the text amendment wording and to the
conditions of approval and variance finding be made.
RECOMMENDATION
It is recommended that the Planning Commission:
3. Recommend that the Council modify SMMC Sections 9.04.08.28.040 and
9.04.08.28.070. as modified;
4. Approve CUP 03-005 and Variance 03-004 subject to Council adoption of the
proposed ordinance amendment and based on the findings in the original staff
report with the Variance Finding No. 1 modified as described herein, and with
the conditions in the original staff report with modifications and additions as
described in this supplemental staff report.
Prepared by: Laura Beck, AICP, Associate Planner
City Planning Division
Planning and Community Development Department
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ATTACHMENT C
Public Notice
47
NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT: Text Amendment (03TA-005)
CM (Main Street Commercial) Zoning District City Wide
APPLICANT: Wolfgang Puck and Bella Lantsman, Chinois on Main
A public hearing will be held by the City Council to consider the following request:
Modify Santa Monica Municipal Code to Amend Sections 9.04.08.28.040 and 9.04.08.28.070 to Authorize
the Addition of Private Dining Facilities to Existing Restaurants on Main Street Under Specific
Circumstances, Pursuant to a Conditional Use Permit.
DATE/TIME: TUESDAY, DECEMBER 9, 2003, AT 6:45 p.m.
LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall
1685 Main Street, Santa Monica, California
HOW TO COMMENT
The City of Santa Monica encourages public comment. You may comment at the City Council public
hearing, or by writing a letter. Written information will be given to the City Council at the meeting.
Address your letters to: City Clerk
Re: 03TA-005
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
If you want more information about this project or wish to review the project file, please contact Laura
Beck, AICP, Associate Planner, at (310) 458-8341, or by e-mail at laura-beckl@santa-monica.org. The
Zoning Ordinance is available at the Planning Counter during business hours and on the City’s web site
at www.santa-monica.org.
The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310)
458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in
alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10
serve City Hall.
Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in
Court, the challenge may be limited to only those issues raised at the public hearing described in this
notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public
hearing.
ESPAÑOL
Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa
Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación
al número (310) 458-8341.
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