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SR-402-001 (25) . . "..T NO\} 1 4 1989 ~2--00/ C/ED:PB:DKW:DM Council Mtg: November 14, 1989 Santa Monica, California L1 -; -- (~ ..: I TO: Mayor and City Council FROM: city staff SUBJECT: certification of statement of Official Action for Appeal of Planning Commission Denial of Conditional Use Permit 534 and Variance ZA 5395-Y to Allow the Operation of a 180 Seat Restaurant and the Issuance of a General Alcohol License to Allow On-site consumption at 1413 5th Street. INTRODUCTION This report recommends that the city Council certify the attached statement of Official Action for the above referenced appeal. BACKGROUND After a pUblic hearing, and careful review of the record and staff recommendation, the City Council reversed the Planning commission's denial of a proposal to operate a 180 seat restaurant with a general alcohol license to allow on-site consumption subj ect to the findings contained in the attached statement of Official Action. RECOMMENDATION It is respectfully recommended that the council certify the attached statement of Official Action. Prepared by: David Martin, Associate Planner D. Kenyon Webster, Principal Planner Paul Berlant, Director of Planning Planning Division Community and Economic Development Department h..:r NOV 1 4 1989 . . Attachment: city Council statement of Official Action DM HP/DR483CC 06/15/87 . . STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: Conditional Use Permit 534 Variance ZA 5395-Y LOCATION: 1413 5th street APPLICANT: Pacific Court Holdings REQUEST: Application for a Conditional Use Permit and a variance to allow the operation of a 180 seat restaurant and the issuance of a General Alcohol License to allow on-site consumption. CITY COUNCIL ACTION 8/22/89 Date. x Approved based on the following findings and subject to the conditions below. Denied based on a lack of four votes. other. 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 the proposed restaurant would be located in the Downtown Core and the C3C zone, both of which allow such uses. 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 the Land Use Element of the General Plan encourages such uses in the Downtown area. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the restaurant will be located in a previously approved retail/office 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 patrons using the proposed retail, office and residential space can also utilize the proposed restaurant. - I - . . 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 located, in that the use would be located in the C3C zoning district and the Downtown Core Land Use District which allow retail commercial uses. 6. There are adequate prov1s10ns 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 proposed use would be located in a previously approved office/retail/residential project, which has been determined to be adequately served by existing public utilities. 7. Public access to the proposed use will be adequate, in that the use would be located in a previously approved project which has been determined to be adequately served by existing roadways. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the restaurant may serve patrons utilizing existing and proposed services in the area. 9. The proposed use is consistent with the goals, objectives, and policies of the Third street Mall Specific Plan in that Policy 4.1.11 encourages the introduction of uses which would attract nighttime use of the mall such as movie theatres, cultural performances halls, restaurants, and entertainment facilities. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the use would be located in a commercial location suitable for a restaurant. 11. The proposed use conforms precisely to the applicable per- formance standards contained in Subchapter 6, Section 9050 and special conditions outlined in Subchapter 7, Section 9055 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that no performance standard per- mits are required. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the res- taurant will be located in a commercial area and may serve patrons utilizing existing offices and shops in the vicinity. ALCOHOL OUTLET FINDINGS 1. The proposed use and location are in accordance with good zoning practice, in the public interest, and necessary - 2 - . . that substantial justice be done in that the use is one conditionally permitted in the C3C zone. 2. The proposed use is compatible with existing and potential uses within the general area; traffic or parking congestions will not result; the public health, safety, and general welfare are protected; and no harm to adjacent properties will result in that the proposed use would be located in a previously approved commercial project. 3. There will be no detrimental affect on nearby residentially zoned neighborhoods considering the distance of the alcohol outlet to churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets in that the conditions for approval will minimize the potential affect on the adjacent uses. VARIANCE FINDINGS L There are special circumstances or exceptional charac- teristics 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 there is parking available at the times when the restaurant will be in full operation and provisions have been made to ensure that sufficient parking is available. 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 proposed restaurant is an encouraged use within the downtown area. 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 the proposed restaurant would not be permitted without the variance. 4. The granting of a variance will not be contrary to or in confl ict with the general purposes and intent of this Chapter, or to the goals, objectives, and policies of the General Plan, in that restaurants are encouraged in the downtown area and shared parking is permitted. 5. The variance would not impair the integrity and character of the district in which it is to be located, in that ade- quate parking is available in the downtown area. 6. The subject site is physically suitable for the proposed variance, in that the project is a mixed use building which may employ a shared parking plan. - 3 - . . 7. There are adequate prov~s~ons 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 proposed use would be located in an existing mixed use project. 8. There will be adequate provisions for public access to serve the subject variance proposal in that sufficient parking is available within the downtown area. 9. 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 code required parking is not necessary based on a shared parking concept. SPECIAL CONDITION 1. Lunch service shall be permitted only after a lease has been secured for 30 parking spaces to the satisfaction of the Planning Director. ALCOHOL OUTLET CONDITIONS 1. The owner shall prohibit loitering in the parking area and shall control noisy patrons leaving the restaurant. 2. The primary use of the premises shall be for the sale of food, both sit-down meal service to patrons and for take-out. 3. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises. 4. The premises shall serve food to patrons during all hours the establishment is open for customers. 5. Seating arrangements for sit-down patrons shall not exceed 180 seats and the number of total seats shall not be expanded unless approved by the Planning Commission. 6. Take out service shall be only incidental to the primary sit-down use. 7. Final plans for any changes to exterior design, landscaping, trash enclosures, and/or signage shall be subject to review and approval by the Architectural Review Board. ' 8. Minor amendments to the plans shall be subject to approval by the Director of Planning. An increase of more than 10% of the square footage or a significant change in the approved concept shall be SUbject to Planning commission Review. Construction shall be in substantial conformance - 4 - . . with the plans submitted or as modified by the Planning Commission, Architectural Review Board, or Director of Planning. 9. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative Code, Title 24, Part 2. 10. Refuse areas, storage areas, and mechanical equipment shall be screened in accordance with Sec. 9127J.2-4 (SMMC). Refuse areas shall be of a size adequate to meet on-site need. II. 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. 12. No noise generating compressors or other such equipment shall be placed adjacent to neighboring residential buildings. STANDARD CONDITIONS l. Plans for signage shall be subject to review and approval by the Architectural Review Board. 2. This approval is for those plans dated May 16, 1988, a copy of which shall be maintained in the files of the City Planning Division. proj ect development shall be consis- tent with such plans, except as otherwise specified in these conditions of approval. 3. 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. 4. street trees shall be maintained, relocated or provided as required in a manner consistent with the City'S Tree Code (Ord. 1242 CCS), per the specifications of the Department of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 5. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.5 gallon toilets and 1.0 gallon urinals and low flow shower head.) 6. The Plans shall comply with all other provisions of Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. - 5 - . . 7. Within twenty-one days of final project approval, project applicant shall sign 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. Failure to comply with this condition shall constitute grounds for potential permit revocation. VOTE Ayes: Abdo, Finkel, Katz, Reed, Zane Nays: Genser Abstain: Absent: Jennings I hereby certify that this statement of Official Action accurately reflects the final determination of the city Council of the City of Santa Monica. signature date print name and title PC/CCCUP534 DM 10/31/88 - 6 -